2005 California Education Code Sections 8250-8252 with Special Needs

8250.  (a)  The Superintendent of Public Instruction shall ensure
that eligible children with exceptional needs are given equal access
to all child care and development programs.  Available federal and
state funds for children with exceptional needs above the standard
reimbursement amount shall be used to assist agencies in developing
and supporting appropriate programs for these children.
   (b)  To provide children with exceptional needs with additional
access to child care and development programs, the Superintendent of
Public Instruction shall establish alternate appropriate placements,
such as self-contained programs and innovative programs using the
least restrictive environment.  These programs shall be started as
expansion funds become available and shall be expanded throughout the
implementation of the plan.  The Superintendent of Public
Instruction shall utilize existing program models and input from
program specialists to develop new program criteria and guidelines
for programs serving children with exceptional needs.  These programs
may serve children with exceptional needs to 21 years of age.
   (c) Any child with exceptional needs served in child care and
development programs shall be afforded all rights and protections
guaranteed in state and federal laws and regulations for individuals
with exceptional needs.
   (d) Notwithstanding any other provision of this chapter, the
Superintendent of Public Instruction may develop unique reimbursement
rates for, and make reimbursements to, child care and development
programs that received state funding for the 1980-81 fiscal year and
serve severely handicapped children, as defined in subdivision (q) of
Section 8208, when all of the following conditions exist:
   (1) Eligibility for enrollment of a severely handicapped child in
the program is the sole basis of the child's need for service.
   (2) Services are provided to severely handicapped children from
birth to 21 years.
   (3) No fees are charged to the parents of the severely handicapped
children receiving the services.
   (e) The Superintendent of Public Instruction shall include child
care and development providers in all personnel development for
persons providing services for children with special needs.
8250.5.  A contractor providing services pursuant to a general child
care contract, a campus child care contract, a migrant child care
contract, or an alternative payment child care contract is subject to
the requirements of the Americans with Disabilities Act (42 U.S.C.
Sec. 12101, et seq.).
8251.  All child care and development programs shall include plans
or programs, or both, for the care of the children when they are
sick.  These plans shall be age appropriate and parents shall be
included in the planning and evaluation.  The Superintendent of
Public Instruction shall disseminate information regarding effective
sick child care models to all child care and development programs.
   Nothing in this chapter shall be construed to allow the practice
of medicine without a license.
8252.  (a) The Department of Education and the local county welfare
department shall enter into contracts which establish the procedures
for serving and referring a child in need of care as part of the
provision of protective services pursuant to Chapter 5 (commencing
with Section 16500) of Part 4 of Division 9 of the Welfare and
Institutions Code.  The Department of Education, in consultation with
the State Department of Social Services, may contract with another
appropriate community agency which provides services or referrals, or
both, for the prevention or intervention of child abuse or neglect
if no such contract for child care services exists between the
Department of Education and the county welfare department.
   (b) The contracts shall specify the resource and referral program
or operating agency or agencies providing child care and development
pursuant to this chapter in the county that the local contracting
agency shall contact to secure care for a child needing protective
services.  If an operating agency is unable to enroll the child, the
local contracting agency described in subdivision (a) with the
assistance of the providers of local resources and referral services
shall locate services for the family.  Payments for such located
services in the absence of other funds shall be made by the local
contracting agency.
   The need for child care funded pursuant to this section shall be
reviewed by the local contracting agency no less than every three
months.