Behavioral Interventions

Cal. EDC § 56523

California Statutes

(

a) The Superintendent shall repeal those regulations governing the use of behavioral interventions with individuals with exceptional needs receiving special education and related services that are no longer supported by statute, including

Section and subdivisions (d), (e), (f), (g), and (ab) of

Section of Title of the California Code of Regulations, as those provisions existed on January 10, 2013. (

b) This

chapter is necessary to implement the federal Individuals with Disabilities Education Act (20 U.S.C.

Sec. 1400 et seq.) and associated federal regulations. This

chapter is intended to provide the clarity, definition, and specificity necessary for local educational agencies to comply with the federal Individuals with Disabilities Education Act (20 U.S.C.

Sec. 1400 et seq.) and shall be implemented by local educational agencies without the development by the Superintendent and adoption by the state board of any additional regulations. (

c) Pursuant to

Section 1401(9) of Title of the United States Code, special education and related services must meet the standards of the department. (

d) As a condition of receiving funding from the federal Individuals with Disabilities Education Act (20 U.S.C.

Sec. 1400 et seq.), a local educational agency shall agree to adhere to this

chapter and implementing federal regulations set forth in this chapter. (

e) The Superintendent may monitor local educational agency compliance with this

chapter and may take appropriate action, including fiscal repercussions, if either of the following is found:

(1) The local educational agency failed to comply with this

chapter and failed to comply substantially with corrective action orders issued by the department resulting from monitoring findings or complaint investigations.

(2) The local educational agency failed to implement the decision of a due process hearing officer based on noncompliance with this part, provisions of the federal Individuals with Disabilities Education Act (20 U.S.C.

Sec. 1400 et seq.), or the federal implementing regulations, wherein noncompliance resulted in the denial of, or impeded the delivery of, a free appropriate public education for an individual with exceptional needs. (

f) Commencing with the 2010–11 fiscal year, if any activities authorized pursuant to this

chapter and implementing regulations are found be a state reimbursable mandate pursuant to

Section of

Article XIII B of the California Constitution, state funding provided for purposes of special education pursuant to Item 6110-161-0001 of

Section 2.00 of the annual Budget Act shall first be used to directly offset any mandated costs. (

g) The Legislature hereby requests the Department of Finance on or before December 31, 2013, to exercise its authority pursuant to subdivision (

d) of

Section of the Government Code to file a request with the Commission on State Mandates for the purpose of amending the parameters and guidelines of CSM-4464 to delete any reimbursable activities that have been repealed by statute or executive order and to update offsetting revenues that apply to the mandated program.

Document details

CollectionCalifornia Statutes
CitationCal. EDC § 56523
Date2013-07-01
Typestatute
Languageen
SourceCA_STAT
IdentifierEDC56523.20134844

Behavioral Interventions

Cal. EDC § 56523

California Statutes

Behavioral Interventions

Cal. EDC § 56523

California Statutes

(

a) The Superintendent shall repeal those regulations governing the use of behavioral interventions with individuals with exceptional needs receiving special education and related services that are no longer supported by statute, including

Section and subdivisions (d), (e), (f), (g), and (ab) of

Section of Title of the California Code of Regulations, as those provisions existed on January 10, 2013. (

b) This

chapter is necessary to implement the federal Individuals with Disabilities Education Act (20 U.S.C.

Sec. 1400 et seq.) and associated federal regulations. This

chapter is intended to provide the clarity, definition, and specificity necessary for local educational agencies to comply with the federal Individuals with Disabilities Education Act (20 U.S.C.

Sec. 1400 et seq.) and shall be implemented by local educational agencies without the development by the Superintendent and adoption by the state board of any additional regulations. (

c) Pursuant to

Section 1401(9) of Title of the United States Code, special education and related services must meet the standards of the department. (

d) As a condition of receiving funding from the federal Individuals with Disabilities Education Act (20 U.S.C.

Sec. 1400 et seq.), a local educational agency shall agree to adhere to this

chapter and implementing federal regulations set forth in this chapter. (

e) The Superintendent may monitor local educational agency compliance with this

chapter and may take appropriate action, including fiscal repercussions, if either of the following is found:

(1) The local educational agency failed to comply with this

chapter and failed to comply substantially with corrective action orders issued by the department resulting from monitoring findings or complaint investigations.

(2) The local educational agency failed to implement the decision of a due process hearing officer based on noncompliance with this part, provisions of the federal Individuals with Disabilities Education Act (20 U.S.C.

Sec. 1400 et seq.), or the federal implementing regulations, wherein noncompliance resulted in the denial of, or impeded the delivery of, a free appropriate public education for an individual with exceptional needs. (

f) Commencing with the 2010–11 fiscal year, if any activities authorized pursuant to this

chapter and implementing regulations are found be a state reimbursable mandate pursuant to

Section of

Article XIII B of the California Constitution, state funding provided for purposes of special education pursuant to Item 6110-161-0001 of

Section 2.00 of the annual Budget Act shall first be used to directly offset any mandated costs. (

g) The Legislature hereby requests the Department of Finance on or before December 31, 2013, to exercise its authority pursuant to subdivision (

d) of

Section of the Government Code to file a request with the Commission on State Mandates for the purpose of amending the parameters and guidelines of CSM-4464 to delete any reimbursable activities that have been repealed by statute or executive order and to update offsetting revenues that apply to the mandated program.

Document details

CollectionCalifornia Statutes
CitationCal. EDC § 56523
Date2013-07-01
Typestatute
Languageen
SourceCA_STAT
IdentifierEDC56523.20134844
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