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AB-2171 Special education and related services: interagency agreements.(2017-2018)

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Date Published: 02/12/2018 09:00 PM
AB2171:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2171


Introduced by Assembly Member Frazier

February 12, 2018


An act to amend Section 56475 of the Education Code, relating to special education.


LEGISLATIVE COUNSEL'S DIGEST


AB 2171, as introduced, Frazier. Special education and related services: interagency agreements.
Existing law requires the Superintendent of Public Instruction to develop written interagency agreements, or adopt joint regulations that include responsibilities, in accordance with specified federal law, with the directors of certain state departments, for the provision of special education and related services to individuals with exceptional needs in the state. Existing law requires the Superintendent to 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.
This bill would require the Superintendent, the Director of Developmental Services, and the Director of Rehabilitation to develop an interagency agreement that ensures the seamless and coordinated delivery of services and supports to an individual with exceptional needs who is eligible for special education services or who is eligible for services provided by the State Department of Education, the State Department of Developmental Services, or the Department of Rehabilitation for individuals with developmental disabilities. The bill would require the interagency agreement to include specified components and to be submitted to the Legislature on or before January 1, 2020.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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 Care Services, the State Department of Developmental Services, the State Department of Social Services, the Department of Rehabilitation, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, and the Employment Development Department shall develop written interagency agreements or adopt joint regulations that include responsibilities, in accordance with Section 1412(a)(12) of Title 20 of the United States Code and Section 300.154 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) Consistent with Section 4869 of the Welfare and Institutions Code, the Superintendent, the Director of Developmental Services, and the Director of Rehabilitation shall develop an interagency agreement that ensures the seamless and coordinated delivery of services and supports to an individual with exceptional needs who is eligible for services pursuant to Section 56031 or who is eligible for services provided by the State Department of Education, the State Department of Developmental Services, or the Department of Rehabilitation for individuals with developmental disabilities.
(1) The interagency agreement pursuant to this subdivision shall include all of the following:
(A) A method that will provide the individual, or the individual’s parent, the ability to independently access records of the individual that are held by each department for purposes of sharing this information with other entities, and a description of any other mechanisms that can be used to share information across the three departments.
(B) A comprehensive plan that can be used as a unified plan across the three departments, in furtherance of the goals of the Employment First Policy in Section 4869 of the Welfare and Institutions Code, for all of the following:
(i) Transition planning pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(ii) The individual program plan pursuant to Section 4646 of the Welfare and Institutions Code.
(iii) The individualized plan for employment pursuant to Section 19104 of the Welfare and Institutions Code.
(C) A plan for strengthening the person-centered planning processes across all three departments, to further the Employment First Policy in Section 4869 of the Welfare and Institutions Code.
(2) On or before January 1, 2020, the Superintendent, the Director of Developmental Services, and the Director of Rehabilitation shall submit the interagency agreement to the Legislature, in compliance with Section 9795 of the Government Code.

(b)

(c) 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.