2005 California Education Code Sections 56167-56169.7 Other Residential Medical Facilities

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 district, special
education local plan area, or county office 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 300.302 of Title 34 of the Code of Federal
Regulations, for which the district, special education local plan
area, or county office 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) The district, special education local plan area, or county
office 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.