2005 California Education Code Sections 56867 CHAPTER 8.5. SPECIAL EDUCATION AT THE YOUTH AUTHORITY

56867.  (a) The State Department of Education is responsible for
monitoring the Department of the Youth Authority for compliance with
state and federal laws and regulations regarding special education.
   (b) Notwithstanding any other provision of law, the State
Department of Education and the California State University shall
enter into an interagency agreement under which the Center for the
Study of Correctional Education, located on the California State
University, San Bernardino campus, shall provide technical assistance
to the State Department of Education regarding compliance with state
and federal laws and regulations regarding special education at the
Department of the Youth Authority.
   (c) The State Department of Education shall prepare the
interagency agreement in consultation with the California State
University, San Bernardino, and the superintendent of education for
the Department of the Youth Authority.  The interagency agreement
shall require the center to provide all of the following services to
the Special Education Division of the State Department of Education:
   (1) Assistance in providing reviews and assessments of special
education at each schoolsite in the Department of the Youth
Authority.
   (2) Assistance in drafting reports of findings for each review.
   (3) Assistance in drafting corrective action plans, based on
preliminary findings of noncompliance that include specific suggested
outcomes to achieve compliance, and other instruments conveying
recommendations and suggestions resulting from reviews and
assessments.
   (4) Onsite technical assistance and support to the Department of
the Youth Authority, as authorized by the Special Education Division
of the State Department of Education.
   (5) Identifying and developing suggested draft protocols and best
practices for providing special education services in correctional
settings.
   (6) Developing suggested draft protocols and a suggested draft
best practices model for providing monitoring and technical
assistance services for special education in youthful correctional
settings.
   (7) Evaluating the training needs and priorities of educational
personnel serving wards with exceptional needs at the Department of
the Youth Authority.
   (8) Reviewing the Department of the Youth Authority's current
special education local plan, policies, procedures, and forms, for
compliance with state and federal special education law and, with the
approval of the State Department of Education, providing suggested
revisions as necessary to provide better compliance and to better
reflect the best practices in a correctional setting.
   (d) Technical assistance provided pursuant to this section shall
reflect existing or subsequently adopted standards for state and
federal compliance.  Reviews conducted pursuant to this section shall
include, but not be limited to, assessments of the following special
education services for wards at the Department of the Youth
authority with exceptional needs:
   (1) Identification and assessment of wards with exceptional needs.
   (2) Parent notification, consent, and participation.
   (3) Individual education plan development and content, including
behavior intervention and transition plans.
   (4) Assessment of ward progress.
   (5) Provision of services in the least restrictive environment
maximizing inclusion.
   (6) Services to pupils who are not proficient in English.
   (7) Observance of procedural safeguards and compliance with state
and federal law.
   (e) Commencing no later than one year after entering into the
interagency agreement specified in this section and annually
thereafter until termination of the agreement, with the assistance of
the center, the State Department of Education shall provide interim
status reports of the services received from the center pursuant to
this section to the Department of Finance and the Legislature.
   (f) No later than December 1, 2006, the State Department of
Education shall submit a report to the Legislature on the usefulness
of the services received from the center pursuant to the interagency
agreement required by this section.
   (g) The interagency agreement required by this section shall be
funded through an appropriation made in the annual Budget Act with
federal funds made available for state agencies under Part B of the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 and following).
   (h) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.