State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 56167-56169.7

EDUCATION CODE
SECTION 56167-56169.7



56167.  (a) Individuals with exceptional needs who are placed in a
public hospital, state licensed children's hospital, psychiatric
hospital, proprietary hospital, or a health facility for medical
purposes are the educational responsibility of the local educational
agency in which the hospital or facility is located, as determined in
local written agreements pursuant to subdivision (e) of Section
56195.7.
   (b) For the purposes of this part, "health facility" shall have
the definition set forth in Sections 1250, 1250.2, and 1250.3 of the
Health and Safety Code.



56167.5.  Nothing in this article shall be construed to mean that
the placement of any individual with exceptional needs in a hospital
or health facility constitutes a necessary residential placement, as
described under Section 300.104 of Title 34 of the Code of Federal
Regulations, for which the local educational agency would be
responsible as an educational program option under this part.



56168.  (a) A public hospital, state licensed children's hospital,
psychiatric hospital, proprietary hospital, or a health facility for
medical purposes located either within and outside of this state that
did not provide special education to individuals with exceptional
needs who satisfy the criteria set forth in paragraph (2) of
subdivision (c) of Section 56026 pursuant to a waiver granted under
Section 56366.2 for the 1994-95 school year, is ineligible for
certification as a nonpublic, nonsectarian school pursuant to Section
56034 and Sections 56365 to 56366.5, inclusive, to provide special
education to individuals with exceptional needs. Districts, special
education local plan areas, or county offices shall have until
September 1, 1994, to find an appropriate alternative placement for
any children currently served in one of these programs.
   (b) Pursuant to Section 56167, the local educational agency in
which the hospital or health facility is located has the educational
responsibility for individuals with exceptional needs who reside in
these facilities.
   (c) A hospital or health facility is eligible for certification as
a nonpublic, nonsectarian agency pursuant to Section 56035 and
Sections 56365 to 56366.5, inclusive, to provide designated
instruction and services to individuals with exceptional needs
whether the child attends a public or nonpublic school or is enrolled
in both a public and nonpublic school program as specified in
Section 56361.5.



56169.5.  This article shall not apply to programs operating in
state hospitals.



56169.7.  If any provision of this article, or the application
thereof to any person or circumstances, is held invalid by an
appellate court of competent jurisdiction, the remainder of the
article, and the application of the provision to other persons or
circumstances, shall not be affected thereby.