BILL NUMBER: SB 2012 CHAPTERED 09/16/02 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.