CA SB 121
Title: Developmental services.
Author: Senate Budget and Fiscal Review Committee
Summary
SB 121, as amended, Committee on Budget and Fiscal Review. Developmental services. (1) Existing law establishes the State Department of Developmental Services, and vests in the department jurisdiction over various state developmental centers for the provision of care to persons with developmental disabilities. Existing law establishes the State Department of State Hospitals within the California Health and Human Services Agency, and provides the department with jurisdiction over specified facilities for the care and treatment of persons with mental health disorders.Existing law requires that every individual with exceptional needs, as defined, who is eligible be provided with educational instruction, services, or both, at no cost to their parent or guardian or, as appropriate, to them. A free appropriate public education is required to be made available to individuals with exceptional needs in accordance with specified federal regulations adopted pursuant to the federal Individuals with Disabilities Education Act. Existing law recognizes that individuals with exceptional needs of mandated schoolage residing in California’s state hospitals and developmental centers are entitled, under specified federal law, to have the same access to educational programs as is provided for individuals with exceptional needs residing in the community, and establishes contracting and funding provisions for that purpose. Existing law requires the Superintendent of Public Instruction, the Director of Developmental Services, and the Director of State Hospitals to develop written interagency agreements to carry out the provisions relating to educational programs for individuals with exceptional needs residing in those facilities.Existing law requires the transfer of pupils in state hospital school programs whose individualized education programs indicate that a community school program is appropriate to be transferred to schools located in the community. Existing law authorizes waivers to that requirement only when approved by both the Superintendent of Public Instruction and the Director of Developmental Services. Existing law requires the State Department of Developmental Services, on the first day of each month, upon submission of an invoice by the county superintendent of schools, to pay to the county superintendent of schools 8% of the amount projected to cover the cost of hospital pupils educated in community school programs, as specified. Existing law requires the county superintendent of schools to calculate the actual cost of educating those pupils and, if the actual cost is more or less than the projected amount, requires the following year’s distribution to be adjusted accordingly.This bill would authorize waivers described above to be approved by the State Superintendent of Public Instruction and either the State Department of Developmental Services, for individuals receiving developmental disability services, or the State Department of State Hospitals, for individuals receiving mental health services, as specified. The bill would require the State Department of State Hospitals, rather than the State Department of Developmental Services, to make payments to county superintendents of schools with respect to pupils under the State Department of State Hospital’s jurisdiction who are being educated in community school programs. The bill additionally would revise those payment provisions to require the relevant department to pay the entire amount invoiced by the county superintendent of schools, and would require an adjustment to the county’s distribution to be adjusted in the following year only if the actual cost is greater than the amount invoiced by the county superintendent of schools. The bill would update existing references to state hospitals to also refer to developmental centers, and would make various other technical changes, and delete obsolete provisions.(2) Existing law, the Lanterman Developmental Disabilities Services Act (act)
Status
Ordered to third reading.
Bill Documents
CA SB 121 - 06/26/23 - Amended Assembly
06/26/23 - CA SB 121 (06/26/23 - Amended Assembly)
CA SB 121 - 01/18/23 - Introduced
01/18/23 - CA SB 121 (01/18/23 - Introduced)