BILL NUMBER: SB 505 CHAPTERED 10/05/01 CHAPTER 536 FILED WITH SECRETARY OF STATE OCTOBER 5, 2001 APPROVED BY GOVERNOR OCTOBER 4, 2001 PASSED THE SENATE SEPTEMBER 13, 2001 PASSED THE ASSEMBLY SEPTEMBER 10, 2001 AMENDED IN ASSEMBLY SEPTEMBER 5, 2001 AMENDED IN ASSEMBLY JULY 18, 2001 AMENDED IN SENATE APRIL 24, 2001 AMENDED IN SENATE APRIL 5, 2001 INTRODUCED BY Senator Perata FEBRUARY 22, 2001 An act to add and repeal Chapter 8.5 (commencing with Section 56867) of Part 30 of the Education Code, relating to special education, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 505, Perata. Special education. Existing law, the federal Individuals with Disabilities Act, requires the provision of education and related services to individuals with exceptional needs. This bill would require the State Department of Education and the California State University to enter into an interagency agreement to have the Center for the Study of Correctional Education, located on the California State University, San Bernardino campus, provide technical assistance to the State Department of Education regarding compliance with state and federal laws and regulations regarding special education at the Department of the Youth Authority, to be funded with federal funding through an appropriation made in the annual Budget Act. The bill would require, no later than one year after entering into the interagency agreement, and then annually thereafter until termination of the agreement, the State Department of Education, with the assistance of the center, to provide interim status reports of the services received from the center to the Department of Finance and the Legislature. The bill would require the State Department of Education to submit a report to the Legislature, no later than December 1, 2006, regarding the usefulness of the services received from the center. These provisions would be repealed on January 1, 2007. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 8.5 (commencing with Section 56867) is added to Part 30 of the Education Code, to read: CHAPTER 8.5 SPECIAL EDUCATION AT THE YOUTH AUTHORITY 56867. (a) The State Department of Education is responsible for monitoring the Department of the Youth Authority for compliance with state and federal laws and regulations regarding special education. (b) Notwithstanding any other provision of law, the State Department of Education and the California State University shall enter into an interagency agreement under which the Center for the Study of Correctional Education, located on the California State University, San Bernardino campus, shall provide technical assistance to the State Department of Education regarding compliance with state and federal laws and regulations regarding special education at the Department of the Youth Authority. (c) The State Department of Education shall prepare the interagency agreement in consultation with the California State University, San Bernardino, and the superintendent of education for the Department of the Youth Authority. The interagency agreement shall require the center to provide all of the following services to the Special Education Division of the State Department of Education: (1) Assistance in providing reviews and assessments of special education at each schoolsite in the Department of the Youth Authority. (2) Assistance in drafting reports of findings for each review. (3) Assistance in drafting corrective action plans, based on preliminary findings of noncompliance that include specific suggested outcomes to achieve compliance, and other instruments conveying recommendations and suggestions resulting from reviews and assessments. (4) Onsite technical assistance and support to the Department of the Youth Authority, as authorized by the Special Education Division of the State Department of Education. (5) Identifying and developing suggested draft protocols and best practices for providing special education services in correctional settings. (6) Developing suggested draft protocols and a suggested draft best practices model for providing monitoring and technical assistance services for special education in youthful correctional settings. (7) Evaluating the training needs and priorities of educational personnel serving wards with exceptional needs at the Department of the Youth Authority. (8) Reviewing the Department of the Youth Authority's current special education local plan, policies, procedures, and forms, for compliance with state and federal special education law and, with the approval of the State Department of Education, providing suggested revisions as necessary to provide better compliance and to better reflect the best practices in a correctional setting. (d) Technical assistance provided pursuant to this section shall reflect existing or subsequently adopted standards for state and federal compliance. Reviews conducted pursuant to this section shall include, but not be limited to, assessments of the following special education services for wards at the Department of the Youth authority with exceptional needs: (1) Identification and assessment of wards with exceptional needs. (2) Parent notification, consent, and participation. (3) Individual education plan development and content, including behavior intervention and transition plans. (4) Assessment of ward progress. (5) Provision of services in the least restrictive environment maximizing inclusion. (6) Services to pupils who are not proficient in English. (7) Observance of procedural safeguards and compliance with state and federal law. (e) Commencing no later than one year after entering into the interagency agreement specified in this section and annually thereafter until termination of the agreement, with the assistance of the center, the State Department of Education shall provide interim status reports of the services received from the center pursuant to this section to the Department of Finance and the Legislature. (f) No later than December 1, 2006, the State Department of Education shall submit a report to the Legislature on the usefulness of the services received from the center pursuant to the interagency agreement required by this section. (g) The interagency agreement required by this section shall be funded through an appropriation made in the annual Budget Act with federal funds made available for state agencies under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 and following). (h) This section shall remain in effect only until January 1, 2007, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2007, deletes or extends that date. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to address the need to provide special education services to which youths in the California Youth Authority are entitled, it is necessary that this act take effect immediately.