2005 California Government Code Sections 95000-95004 CHAPTER 1. GENERAL PROVISIONS

95000.  This title may be cited as the California Early Intervention
Services Act.
95001.  (a) The Legislature hereby finds and declares all of the
following:
   (1) There is a need to provide appropriate early intervention
services individually designed for infants and toddlers from birth
through two years of age, who have disabilities or are at risk of
having disabilities, to enhance their development and to minimize the
potential for developmental delays.
   (2) Early intervention services for infants and toddlers with
disabilities or at risk represent an investment of resources, in that
these services reduce the ultimate costs to our society, by
minimizing the need for special education and related services in
later school years and by minimizing the likelihood of
institutionalization.  These services also maximize the ability of
families to better provide for the special needs of their child.
Early intervention services for infants and toddlers with
disabilities maximize the potential to be effective in the context of
daily life and activities, including the potential to live
independently, and exercise the full rights of citizenship.  The
earlier intervention is started, the greater is the ultimate
cost-effectiveness and the higher is the educational attainment and
quality of life achieved by children with disabilities.
   (3) The family is the constant in the child's life, while the
service system and personnel within those systems fluctuate.  Because
the primary responsibility of an infant or toddler's well-being
rests with the family, services should support and enhance the family'
s capability to meet the special developmental needs of their infant
or toddler with disabilities.
   (4) Family to family support strengthens families' ability to
fully participate in services planning and their capacity to care for
their infant or toddler with disabilities.
   (5) Meeting the complex needs of infants with disabilities and
their families requires active state and local coordinated,
collaborative and accessible service delivery systems that are
flexible, culturally competent and responsive to family identified
needs.  When health, developmental, educational and social programs
are coordinated, they are proven to be cost-effective, not only for
systems, but for families as well.
   (6) Family-professional collaboration contributes to changing the
ways that early intervention services are provided and to enhancing
their effectiveness.
   (7) Infants and toddlers with disabilities are a part of their
communities, and as citizens make valuable contributions to society
as a whole.
   (b) Therefore, it is the intent of the Legislature that:
   (1) Funding provided under Part H of the Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1471 et seq.), be used to
improve and enhance early intervention services as defined in this
title by developing innovative ways of providing family focused,
coordinated services, which are built upon existing systems.
   (2) The State Department of Developmental Services, the California
Department of Education, the State Department of Health Services,
the State Department of Mental Health, the State Department of Social
Services, and the State Department of Alcohol and Drug Programs
coordinate services to infants and toddlers with disabilities and
their families.  These agencies need to collaborate with families and
communities to provide a family-centered, comprehensive,
multidisciplinary, interagency community-based, early intervention
system for infants and toddlers with disabilities.
   (3) Families be well informed, supported, and respected as capable
and collaborative decisionmakers regarding services for their child.
   (4) Professionals be supported to enhance their training and
maintain a high level of expertise in their field, as well as
knowledge of what constitutes most effective early intervention
practices.
   (5) Families and professionals join in collaborative partnerships
to develop early intervention services which meet the needs of
infants and toddlers with disabilities, and that such partnerships be
the basis for the development of services which meet the needs of
the culturally and linguistically diverse population of California.
   (6) To the maximum extent possible, infants and toddlers with
disabilities and their families be provided services in the most
natural environment, and include the use of natural supports and
existing community resources.
   (7) The services delivery system be responsive to the families and
children it serves within the context of cooperation and
coordination among the various agencies.
   (8) Early intervention program quality be assured and maintained
through established early intervention program and personnel
standards.
   (9) The early intervention system be responsive to public input
and participation in the development of implementation policies and
procedures for early intervention services through the forum of an
interagency coordinating council established pursuant to federal
regulations under Part H of the Individuals with Disabilities
Education Act.
   (c) It is not the intent of the Legislature to require the State
Department of Education to implement this title unless adequate
reimbursement, as specified and agreed to by the department, is
provided to the department from federal funds from Part H of the
Individuals with Disabilities Education Act.
95001.5.  In order to prevent any potential conflict of interest and
pursuant to Section 303.604 of Title 34 of the Code of Federal
Regulations, no member of the interagency coordinating council may
cast a vote on any matter that would provide direct financial benefit
to that member or otherwise give the appearance of a conflict of
interest.
95002.  The purpose of this title is to provide a statewide system
of coordinated, comprehensive, family-centered, multidisciplinary,
interagency programs, responsible for providing appropriate early
intervention services and support to all eligible infants and
toddlers and their families.
95003.  (a) The state's participation in Part H of the Individuals
with Disabilities Education Act (20 U.S.C. Sec. 1471 et seq.) shall
be contingent on the receipt of federal funds to cover the costs of
complying with the federal statutes and regulations that impose new
requirements on the state.  The State Department of Developmental
Services and the State Department of Education shall annually report
to the Department of Finance during preparation of the Governor's
Budget, and the May revision, the budget year costs and federal funds
projected to be available.
   (b) If the amount of funding provided by the federal government
pursuant to Part H of the Individuals with Disabilities Education Act
for the 1993-94 fiscal year, or any fiscal year thereafter, is not
sufficient to fund the full increased costs of participation in this
federal program by the local education agencies, as required pursuant
to this title, for infants and toddlers from birth through two years
of age identified pursuant to Section 95014, and that lack of
federal funding would require an increased contribution from the
General Fund or a contribution from a local educational agency in
order to fund those required and supplemental costs, the state shall
terminate its participation in the program.  Termination of the
program shall occur on July 1 if local education agencies have been
notified of the termination prior to March 10 of that calendar year.
If this notification is provided after March 10 of a calendar year,
then termination shall not occur earlier than July 1 of the
subsequent calendar year.  The voluntary contribution by a state or
local agency of funding for any of the programs or services required
pursuant to this title shall not constitute grounds for terminating
the state's participation in that federal program.  It is the intent
of the Legislature that if the program terminates, the termination
shall be carried out in an orderly manner with notification of
parents and certificated personnel.
   (c) This title shall remain in effect only until the state
terminates its participation in Part H of the Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1471 et seq.) for
individuals from birth through two years of age and notifies the
Secretary of the Senate of the termination, and as of that later date
is repealed.  As the lead agency, the State Department of
Developmental Services shall, upon notification by the Department of
Finance or the State Department of Education as to the insufficiency
of federal funds and the termination of this program, be responsible
for the payment of services pursuant to this title when no other
agency or department is required to make these payments.
95004.  The early intervention services specified in this title
shall be provided as follows:
   (a) Direct services for eligible infants and toddlers and their
families shall be provided pursuant to the existing regional center
system under the Lanterman Developmental Disabilities Services Act
(Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code) and the existing local education agency system
under appropriate sections of Part 30 (commencing with Section 56000)
of the Education Code and regulations adopted pursuant thereto, and
Part C of the Individuals with Disabilities Education Act (20 U.S.C.
Sec. 1431 et seq.).
   (b) (1) In providing services under this title, regional centers
shall comply with the Lanterman Developmental Disabilities Services
Act (Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code, and its implementing regulations (Division 2
(commencing with Section 50201) of Title 17 of the California Code of
Regulations) including, but not limited to, those provisions
relating to vendorization and ratesetting, except where compliance
with those provisions would result in any delays in, or any cost to
the families for, the provision of early intervention, or otherwise
conflict with this title and the regulations implementing this title
(Chapter 2 (commencing with Section 52000) of Division 2 of Title 17
of the California Code of Regulations), or Part C of the Individuals
with Disabilities Education Act (20 U.S.C. Sec. 1431) et seq., and
applicable federal regulations contained in Part 303 (commencing with
Section 303.1) of Title 34 of the Code of Federal Regulations.
   (2) When compliance with this subdivision would result in any
delays in the provision of early intervention services or costs to
families for the provision of any of these services, the department
may authorize a regional center to use a special service code that
allows immediate procurement of the service.
   (c) Services shall be provided by family resource centers that
provide, but are not limited to, parent-to-parent support,
information dissemination and referral, public awareness, family
professional collaboration activities, and transition assistance for
families.
   (d) Existing obligations of the state to provide these services at
state expense shall not be expanded.
   (e) It is the intent of the Legislature that services be provided
in accordance with Sections 303.124, 303.126, and 303.527 of Title 34
of the Code of Federal Regulations.