Pupils: foster children: special education.

Existing law requires a pupil who is placed in a licensed children's institution or foster family home to attend programs operated by the local educational agency unless the pupil is entitled to remain in his or her school of origin, the pupil has an individualized education program requiring placement elsewhere, or the pupil's parent or guardian, or other person holding the right to make educational decisions for the pupil, determines that it is in the best interests of the pupil to be placed in another educational program. This bill would require that, if the pupil's parent or guardian, or other person holding the right to make educational decisions for the pupil, makes that determination, he or she shall provide a written statement to that effect to the local educational agency, as specified. The bill would authorize a local educational agency to provide a parent, guardian, or other person holding the right to make educational decisions for the pupil with specified information, including, among other things, that the pupil has the right to attend a regular public school in the least restrictive environment. Existing law provides that no local educational agency shall refer an individual with exceptional needs residing in a licensed children's institution or foster family home to a nonpublic, nonsectarian school unless the services required by the individualized education program of the pupil can be assured, and that before a local educational agency places an individual with exceptional needs in, or refers such an individual to, a nonpublic, nonsectarian school, the school district, special education local plan area, or county office of education shall initiate and conduct a meeting to develop an individualized education program for the pupil. This bill would specify that these pupils shall not be referred to, or placed in, a nonpublic, nonsectarian school unless their individualized education programs specify that the placement is appropriate. The bill would also specify that the meeting that is required to take place to develop an individualized education program shall be conducted pursuant to specified provisions. To the extent this bill would require local educational agencies to perform additional duties, this bill would impose a state-mandated local program. Existing law prohibits a licensed children's institution from requiring as a condition of residential placement that it provide the appropriate educational programs to individuals with exceptional needs residing there through a nonpublic, nonsectarian school or agency owned, operated by, or associated with, it. This bill would also prohibit a licensed children's institution from referring or placing a pupil in a nonpublic, nonsectarian school. This bill would prohibit a licensed children's institution from requiring that a child be identified as an individual with exceptional needs as a condition of admission or residency. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.