BILL NUMBER: SB 2012 CHAPTERED
BILL TEXT
CHAPTER 585
FILED WITH SECRETARY OF STATE SEPTEMBER 16, 2002
APPROVED BY GOVERNOR SEPTEMBER 14, 2002
PASSED THE SENATE AUGUST 27, 2002
PASSED THE ASSEMBLY AUGUST 25, 2002
AMENDED IN ASSEMBLY AUGUST 23, 2002
AMENDED IN ASSEMBLY AUGUST 5, 2002
AMENDED IN SENATE MAY 28, 2002
AMENDED IN SENATE MAY 8, 2002
AMENDED IN SENATE APRIL 1, 2002
INTRODUCED BY Senator Margett
FEBRUARY 22, 2002
An act to amend Section 56475 of, and to add Sections 56476 and
56480 to, the Education Code, and to amend Section 7579 of the
Government Code, relating to special education.
LEGISLATIVE COUNSEL'S DIGEST
SB 2012, Margett. Special education: interagency agreements.
Existing federal law, the Individuals with Disabilities Education
Act, provides that a state is eligible for funding under that act if
the state demonstrates to the satisfaction of the Secretary for
Education that the state has in effect policies that assure that it
meets certain conditions. The policies include, among others, that
the state chief executive officer or his or her designee ensure that
an interagency agreement or other mechanism for interagency
coordination is in effect between each public agency that provides
certain services and the state educational agency, that all certain
services that are needed to ensure a free appropriate public
education are provided, and that the interagency agreement meets
certain conditions.
This bill would require the Governor or the designee of the
Governor, in accordance with those requirements of federal law, to
ensure that each agency under the Governor's jurisdiction enters into
an interagency agreement with the Superintendent of Public
Instruction that meets the requirements of federal law, and would
prescribe related matters.
Under existing law, if a school district, special education local
plan area, or county office of education does not make the placement
decision of an individual with exceptional needs in a licensed
children's institution or in a foster family home, the court,
regional center for the developmentally disabled, or public agency,
excluding an educational agency, is required to be responsible for
the residential costs and the cost of noneducational services of the
individual.
This bill would require that 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, 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.
To the extent that this bill imposes new duties on local agencies,
the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56475 of the Education Code is amended to read:
56475. (a) The superintendent and the directors of the State
Department of Health Services, the State Department of Mental Health,
the State Department of Developmental Services, the State Department
of Social Services, the Department of Rehabilitation, the Department
of the Youth Authority, and the Employment Development Department
shall develop written interagency agreements or adopt joint
regulations that include responsibilities, in accordance with
paragraph (12) of subsection (a) of Section 1412 of Title 20 of the
United States Code and Section 300.142 of Title 34 of the Code of
Federal Regulations, for the provision of special education and
related services to individuals with exceptional needs in the State
of California.
(b) The superintendent shall develop interagency agreements with
other state and local public agencies, as deemed necessary by the
superintendent, to carry out the provisions of state and federal law.
(c) (1) Each interagency agreement shall be submitted by the
superintendent to each legislative fiscal committee, education
committee, and policy committee, responsible for legislation relating
to those individuals with exceptional needs that will be affected by
the agreement if it is effective.
(2) An interagency agreement shall not be effective sooner than 30
days after it has been submitted to each of the legislative
committees specified in paragraph (1).
SEC. 2. Section 56476 is added to the Education Code, to read:
56476. The Governor or designee of the Governor, in accordance
with paragraph (12) of subsection (a) of Section 1412 of Title 20 of
the United States Code and Section 300.142 of Title 34 of the Code of
Federal Regulations, shall ensure that each agency under the
Governor's jurisdiction enters into an interagency agreement with the
superintendent to ensure that all services that are needed to ensure
a free appropriate public education are provided.
SEC. 3. Section 7579 of the Government Code is amended to read:
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.
SEC. 4. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.