Legal Resources | Education Code | EC 56867
Special education; Division of Juvenile Justice of the Department of Corrections and Rehabilitation
(a) The State Department of Education is responsible for monitoring the Division of Juvenile Justice of the Department of Corrections and Rehabilitation 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 Division of Juvenile Justice of the Department of Corrections and Rehabilitation.
(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 Division of Juvenile Justice of the Department of Corrections and Rehabilitation. 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 Division of Juvenile Justice of the Department of Corrections and Rehabilitation.
(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 Division of Juvenile Justice of the Department of Corrections and Rehabilitation, 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 Division of Juvenile Justice of the Department of Corrections and Rehabilitation.
(8) Reviewing the Division of Juvenile Justice of the Department of Corrections and Rehabilitation current special education local plan, policies, procedures, and forms of the Division of Juvenile Justice of the Department of Corrections and Rehabilitation 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 Division of Juvenile Justice of the Department of Corrections and Rehabilitation 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 July 1, 2007, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2007, deletes or extends that date.
(Amended by Stats. 2006, Ch. 79, Sec. 19.)
Reference:
20 USC 1400 et seq.