2005 California Education Code Sections 56155-56166.5 Family Homes

EDUCATION CODE
SECTION 56155-56166.5

56155.  The provisions of this article shall only apply to
individuals with exceptional needs placed in a licensed children's
institution or foster family home by a court, regional center for the
developmentally disabled, or public agency, other than an
educational agency.
56155.5.  (a) As used in this article, "licensed children's
institution" means a residential facility that is licensed by the
state, or other public agency having delegated authority by contract
with the state to license, to provide nonmedical care to children,
including, but not limited to, individuals with exceptional needs.
"Licensed children's institution" includes a group home as defined by
subdivision (g) of Section 80001 of Title 22 of the California Code
of Regulations.  As used in this article and Article 3 (commencing
with Section 56836.16) of Chapter 7.2, a "licensed children's
institution" does not include any of the following:
   (1) A juvenile court school, juvenile hall, juvenile home, day
center, juvenile ranch, or juvenile camp administered pursuant to
Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27.
   (2) A county community school program provided pursuant to Section
1981.
   (3) Any special education programs provided pursuant to Section
56150.
   (4) Any other public agency.
   (b) As used in this article, "foster family home" means a family
residence that is licensed by the state, or other public agency
having delegated authority by contract with the state to license, to
provide 24-hour nonmedical care and supervision for not more than six
foster children, including, but not limited to, individuals with
exceptional needs.  "Foster family home" includes a small family home
as defined in paragraph (6) of subdivision (a) of Section 1502 of
the Health and Safety Code.
56155.7.  A licensed children's institution may not require that a
child be identified as an individual with exceptional needs as a
condition of admission  or residency.
56156.  (a) Each court, regional center for the developmentally
disabled, or public agency that engages in referring children to, or
placing children in, licensed children's institutions shall report to
the special education administrator of the district, special
education local plan area, or county office in which the licensed
children's institution is located any referral or admission of a
child who is potentially eligible for special education.
   (b) At the time of placement in a licensed children's institution
or foster family home, each court, regional center for the
developmentally disabled, or public agency shall identify  all of the
following:
   (1) Whether the courts have specifically limited the rights of the
parent or guardian to make educational decisions for a child who is
a ward or dependent of the court.
   (2) The location of the parents, in the event that the parents
retain the right to make educational decisions.
   (3) Whether the location of the parents is unknown.
   (c) Each person licensed by the state to operate a licensed
children's institution, or his or her designee, shall notify the
special education administrator of the district, special education
local plan area, or county office in which the licensed children's
institution is located of any child potentially eligible for special
education who resides at the facility.
   (d) The superintendent shall provide each county office of
education with a current list of licensed children's institutions in
that county at least biannually.  The county office shall maintain
the most current list of licensed children's institutions located
within the county and shall notify each district and special
education local plan area within the county of the names of licensed
children's institutions located in the geographical area of the
county covered by the district and special education local plan area.
  The county office shall notify the director of each licensed
children's institution of the appropriate person to contact regarding
individuals with exceptional needs.
56156.4.  (a) Each special education local plan area shall be
responsible for providing appropriate education to individuals with
exceptional needs residing in licensed children's institutions and
foster family homes located in the geographical area covered by the
local plan.
   (b) In multidistrict and district and county office local plan
areas, local written agreements shall be developed, pursuant to
subdivision (f) of Section 56195.7, to identify the public education
entities that will provide the special education services.
   (c) If there is no local agreement, special education services for
individuals with exceptional needs residing in licensed children's
institutions shall be the responsibility of the county office in the
county in which the institution is located, if the county office is
part of the special education local plan area, and special education
services for individuals with exceptional needs residing in foster
family homes shall be the responsibility of the district in which the
foster family home is located.  If a county office is not a part of
the special education local plan area, special education services for
individuals with exceptional needs residing in licensed children's
institutions, pursuant to this subdivision, shall be the
responsibility of the responsible local agency or other
administrative entity of the special education local plan area.  This
program responsibility shall continue until the time local written
agreements are developed pursuant to subdivision (f) of Section
56195.7.
   (d) This section shall apply to special education local plan areas
that are submitting a revised local plan for approval pursuant to
Section 56836.03 or that have an approved revised local plan pursuant
to Section 56836.03.
56156.6.  (a) If the district in which the licensed children's
institution or foster family home is located is also the district of
residence of the parent of the individual with exceptional needs, and
if the parent retains legal responsibility for the child's
education, Sections 56836.16 and 56836.17 shall not apply.
  (b) This section shall become inoperative on June 30, 2004, and, as
of July 1, 2006, is repealed, unless a later enacted statute, that
becomes operative on or before July 1, 2006, deletes or extends the
dates on which it becomes inoperative and is repealed.
56157.  (a) In providing appropriate programs to individuals with
exceptional needs residing in licensed children's institutions or
foster family homes, the local educational agency shall first
consider services in programs operated by public education agencies
for individuals with exceptional needs.  If those programs are not
appropriate, special education and related services shall be provided
by contract with a nonpublic, nonsectarian school.
   (b) If special education and related services are provided by
contract with a nonpublic, nonsectarian school, or with a licensed
children's institution under this article, the terms of the contract
shall be developed in accordance with the provisions of Section
56366.
   (c) If an individual with exceptional needs residing in a licensed
children's institution or foster family home is placed in a
nonpublic, nonsectarian school, the local educational agency that
made the placement shall conduct an annual evaluation,  in accordance
with federal law as part of the annual individualized education
program process, of whether the placement is the least restrictive
environment that is appropriate to meet the pupil's needs.
   (d) If an individual with exceptional needs residing in a licensed
children's institution or foster family home is placed in a
nonpublic, nonsectarian school, the nonpublic, nonsectarian school
shall report to the local  educational agency that made the
placement, on a quarterly or trimester basis, as appropriate, the
educational progress demonstrated by the individual with exceptional
needs towards the attainment of the goals and objectives specified in
the individual's individualized education program.  Pursuant to
federal law, no local educational agency shall refer a pupil to a
nonpublic, nonsectarian school unless the services required by the
individualized education program of the pupil can be assured.
56159.  If a district, special education local plan area, or county
office does not make the placement decision of an individual with
exceptional needs in a licensed children's institution or in a foster
family home, the court, regional center for the developmentally
disabled, or public agency, excluding an education agency, placing
the individual in the institution, shall be responsible for the
residential costs and the cost of noneducation services of the
individual.
56162.  Individuals with exceptional needs placed in a licensed
children's institution or foster family home by a court, regional
center for the developmentally disabled, or public agency, other than
an educational agency, prior to the effective date of this article,
shall be considered residents of the geographical area of the local
plan in which the licensed children's institution or foster family
home is located, for special education and related services pursuant
to the provisions of this article.
56163.  A licensed children's institution which provides
nonsectarian educational programs for individuals with exceptional
needs shall be certified by the department as prescribed by
subdivision (c) of Section 56366.
56164.  This article shall not apply to programs operating in state
hospitals and juvenile court schools.
56165.  This article shall not apply to individuals with exceptional
needs placed in a licensed children's institution pursuant to
Section 56365.
56166.  The board shall adopt rules and regulations to implement the
provisions of this article.
56166.5.  This article shall become operative July 1, 1982.


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