California Code of Regulations
Title 2 - Administration
Division 9 - Joint Regulations for Pupils with Disabilities
Chapter 1 - Interagency Responsibilities for Providing Services to Pupils with Disabilities
Article 7 - Exchange of Information Between Education and Social Services
Section 60510 - Prior Notification

Universal Citation: 2 CA Code of Regs 60510

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The court, regional center for the developmentally disabled, or public agency other than an educational agency shall notify the SELPA director, in writing or by telephone, prior to placing a pupil with a disability in any of the following facilities:

(1) A "certified family home" as defined in Welfare and Institutions Code Section 11400(c).

(2) A "community care facility" as defined in Health and Safety Code Section 1502(a). For the purposes of this chapter, a community care facility means those facilities listed and defined in this article that provide 24-hour residential care to children.

(3) A "community treatment facility" as defined in Health and Safety Code Section 1502(a)(8).

(4) A "foster family agency" as defined in Welfare and Institutions Code Section 11400(g) and Health and Safety Code Section 1502(a)(4).

(5) A "foster family home" as defined in Health and Safety Code Sections 1502(a)(5) or 1505.2. For the purposes of this Chapter, a foster family home includes a small family home pursuant to Education Code Section 56155.5(b), or the approved home of a relative.

(6) A "group home" as defined in Health and Safety Code Section 1502(a)(13).

(7) A "licensed children's institution" as defined in Education Code Section 56155.5(a). For the purposes of this Chapter, a licensed children's institution means the following community care facilities licensed by the California Department of Social Services: a group home, foster family agency, and community treatment facility.

(8) A "small family home" as defined in Health and Safety Code Section 1502(a)(6).

(b) When placing a pupil in a facility listed in subdivision (a), the court, regional center for the developmentally disabled, or public agency other than an educational agency shall provide the following relevant information to the SELPA director in writing within 10 days of placement:

(1) The name of the last school attended, the contact person at that school, and the available educational records, including the current IEP.

(2) A copy or summary of the most recent psychological and medical records relevant to educational planning which are maintained by the agency.

(3) The name, address and telephone number of the parent who has the responsibility to represent the pupil in educational matters and to sign the IEP for special education, designated instruction and services and related services.

(4) The name, address and telephone number of the individual with designated responsibility to sign for consent for non-emergency medical services.

(5) The name of the administrator/designee, address, telephone number, and licensing status of a home under consideration for the pupil.

(6) A description of any special considerations related to transporting the pupil.

(7) Signed consents by the parent to exchange information relevant to IEP planning and individual program planning.

(8) When an agency makes an emergency placement to protect the physical, mental health or safety of a pupil, the agency shall furnish the SELPA director the required information within three days after the placement.

(c) The SELPA director shall provide the placing agency with information about the availability of an appropriate special education program in the SELPA in which the home is located. This should occur within seven days of receipt of the notice of placement.

(1) If no appropriate special education placements exist within the SELPA, and the placement options are home instruction or in a public or nonpublic facility located in another SELPA, the placing agency should make every effort to place the pupil in another SELPA that has appropriate available residential and educational programs.

(2) When the agency places a pupil in a licensed children's institution, as defined in this Chapter which has an on-grounds, certified, nonpublic, nonsectarian school, the pupil may attend the education program only if the SELPA's IEP team has determined that there is no appropriate public education program in the community and that the on-grounds program is appropriate and can implement the pupil's IEP.

(3) When the IEP team makes the determination that the on-grounds program is appropriate, the LEA may then contract for educational services with the nonpublic school.

1. New section refiled 5-1-87 as an emergency; designated effective 5-1-87 (Register 87, No. 30). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-31-87.
2. Division 9 (Chapter 1, Articles 1-9, Sections 60000-60610, not consecutive) shall not be subject to automatic repeal until the final regulations take effect on or before June 30, 1988 pursuant to Item 4440-131-001(b)(2), Chapter 135, Statutes of 1987 (Register 87, No. 46).
3. Division 9 (Chapter 1, Articles 1-9, Sections 60000-60610, not consecutive) shall not be subject to automatic repeal until the final regulations take effect on or before June 30, 1997, pursuant to Government Code section 7587, as amended by Stats. 1996, c. 654 (A.B. 2726, § 4.) (Register 98, No. 26).
4. Division 9 (Chapter 1, Articles 1-9, Sections 60000-60610, not consecutive) repealed June 30, 1997, by operation of Government Code section 7587, as amended by Stats. 1996, c. 654 (A.B. 2726, § 4.) (Register 98, No. 26).
5. New section filed 6-26-98 as an emergency; operative 7-1-98 (Register 98, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-98 or emergency language will be repealed by operation of law on the following day.
6. Editorial correction restoring prior HISTORIES 1-2, adding new HISTORIES 3-4, and renumbering and amending existing HISTORY 1 to new HISTORY 5 (Register 98, No. 44).
7. New section refiled 10-26-98 as an emergency; operative 10-29-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-99 or emergency language will be repealed by operation of law on the following day.
8. New section refiled 2-25-99 as an emergency; operative 2-26-99 (Register 99, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-28-99 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 2-25-99 order transmitted to OAL 6-25-99 and filed 8-9-99 (Register 99, No. 33).
10. Amendment of subsection (a), new subsections (a)(1)-(b), subsection relettering and amendment of NOTE filed 9-10-2015; operative 1-1-2016 (Register 2015, No. 37).

Note: Authority cited: Section 7587, Government Code. Reference: Sections 7579 and 7580, Government Code; and Section 56156, Education Code.

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