State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 56195-56195.5

EDUCATION CODE
SECTION 56195-56195.5



56195.  Each special education local plan area, as defined in
subdivision (d) of Section 56195.1, shall administer local plans
submitted pursuant to Chapter 3 (commencing with Section 56205) and
shall administer the allocation of funds pursuant to Chapter 7.2
(commencing with Section 56836).



56195.1.  The governing board of a district shall elect to do one of
the following:
   (a) If of sufficient size and scope, under standards adopted by
the board, submit to the superintendent a local plan for the
education of all individuals with exceptional needs residing in the
district in accordance with Chapter 3 (commencing with Section
56205).
   (b) In conjunction with one or more districts, submit to the
superintendent a local plan for the education of individuals with
exceptional needs residing in those districts in accordance with
Chapter 3 (commencing with Section 56205). The plan shall include,
through joint powers agreements or other contractual agreements, all
the following:
   (1) Provision of a governance structure and any necessary
administrative support to implement the plan.
   (2) Establishment of a system for determining the responsibility
of participating agencies for the education of each individual with
exceptional needs residing in the special education local plan area.
   (3) Designation of a responsible local agency or alternative
administrative entity to perform functions such as the receipt and
distribution of funds, provision of administrative support, and
coordination of the implementation of the plan. Any participating
agency may perform any of these services required by the plan.
   (c) Join with the county office, to submit to the superintendent a
local plan in accordance with Chapter 3 (commencing with Section
56205) to assure access to special education and services for all
individuals with exceptional needs residing in the geographic area
served by the plan. The county office shall coordinate the
implementation of the plan, unless otherwise specified in the plan.
The plan shall include, through contractual agreements, all of the
following:
   (1) Establishment of a system for determining the responsibility
of participating agencies for the education of each individual with
exceptional needs residing in the geographical area served by the
plan.
   (2) Designation of the county office, of a responsible local
agency, or of any other administrative entity to perform functions
such as the receipt and distribution of funds, provision of
administrative support, and coordination of the implementation of the
plan. Any participating agency may perform any of these services
required by the plan.
   (d) The service area covered by the local plan developed under
subdivision (a), (b), or (c) shall be known as the special education
local plan area.
   (e) This section does not limit the authority of a county office
and a school district or group of school districts to enter into
contractual agreements for services relating to the education of
individuals with exceptional needs. Except for instructional
personnel service units serving infants, until a special education
local plan area adopts a revised local plan approved pursuant to
Section 56836.03, the county office of education or school district
that reports a unit for funding shall be the agency that employs the
personnel who staff the unit, unless the combined unit rate and
support service ratio of the nonemploying agency is equal to or lower
than that of the employing agency and both agencies agree that the
nonemploying agency will report the unit for funding.
   (f) A charter school that is deemed a local educational agency for
the purposes of special education pursuant to Article 4 (commencing
with Section 47640) of Chapter 6 of Part 26.8 shall participate in an
approved local plan pursuant to subdivision (a), (b), or (c). A
charter school may submit written policies and procedures to the
department for approval by the State Board of Education, which
establish compliance with the Individuals with Disabilities Education
Act (20 U.S.C. Sec. 1400 et seq.), and implementing regulations,
either individually, pursuant to subdivision (a) or with other
charter schools pursuant to subdivision (b). The State Board of
Education shall review these policies and procedures, based on the
criteria established pursuant to Section 56100. Upon approval by the
State Board of Education, these written policies and procedures shall
become the local plan.



56195.3.  In developing a local plan under Section 56195.1, each
district shall do the following:
   (a) Involve special and general teachers selected by their peers
and parents selected by their peers in an active role.
   (b) Cooperate with the county office and other school districts in
the geographic areas in planning its option under Section 56195.1
and each fiscal year, notify the department, impacted special
education local plan areas, and participating county offices of its
intent to elect an alternative option from those specified in Section
56195.1, at least one year prior to the proposed effective date of
the implementation of the alternative plan.
   (c) Cooperate with the county office to assure that the plan is
compatible with other local plans in the county and any county plan
of a contiguous county.
   (d) Submit to the county office for review any plan developed
under subdivision (a) or (b) of Section 56195.1.



56195.5.  (a) Each county office and district governing board shall
have authority over the programs it directly maintains, consistent
with the local plan submitted pursuant to Section 56195.1. In
counties with more than one special education local plan area for
which the county office provides services, relevant provisions of
contracts between the county office and its employees governing
wages, hours, and working conditions shall supersede like provisions
contained in a plan submitted under Section 56195.1.
   (b) Any county office or district governing board may provide for
the education of individual pupils in special education programs
maintained by other districts or counties, and may include within the
special education programs pupils who reside in other districts or
counties. Section 46600 shall apply to interdistrict attendance
agreements for programs conducted pursuant to this part.