Cal. Code Regs. tit. 2 § 60310

Current through Register 2024 Notice Reg. No. 41, October 11, 2024

Section 60310 - Local Interagency Agreements Between CCS and Education Agencies

(a) In order to facilitate the provision of services described in subdivisions (a), (b), (c), and (d) of Section 7572 of the Government Code and subdivisions (a), (b), and (d) of Section 7575 of the Government Code, each independent county agency and each authorized dependent county agency of CCS shall appoint a liaison for the county agency of CCS. The county Superintendent of Schools or SELPA director shall ensure the designation of a liaison for each SELPA in each local plan.

(b) In the event of multi-SELPA counties or multi-county SELPAs, the liaisons representing education and CCS shall develop a process for interagency decision making that results in a local interagency agreement.

(c) Each independent county agency and each dependent county agency of CCS and the county Superintendent of Schools or SELPA director shall ensure the development and implementation of a local interagency agreement in order to facilitate the provision of medically necessary occupational therapy and physical therapy which shall include at a minimum a delineation of the process for:

(1) Identifying a contact person within each LEA in the SELPA and within each CCS county agency;

(2) Referring pupils, birth to twenty-one years of age, who may have or are suspected of having a neuromuscular, musculoskeletal, or other physical impairment who may require medically- necessary occupational therapy or physical therapy.

(3) Exchanging between the agencies the educational and medical information concerning the pupil with a disability upon receiving the parent's written, informed consent obtained in accordance with Section 300.500 of Title 34 of the Code of Federal Regulations.

(4) Giving 10 days notice to the county CCS agency of all IEP team meetings for pupils served by CCS medical therapy program;

(5) Giving 10 days notice to the LEA and the parent of an impending change in the CCS medical therapy program services which may necessitate a change in the IEP;

(6) Describing the methods of participation of CCS in the IEP team meetings pursuant to Government Code Section 7572(d);

(7) Developing or amending the therapy services indicated in the pupil's IEP in accordance with Section 56341 of the Education Code;

(8) Transporting pupils with disabilities to receive medically-necessary occupational therapy or physical therapy services at the medical therapy unit or medical therapy unit satellite;

(9) Determining the need for and location of medical therapy units or medical therapy unit satellites, or other off-site facilities authorized by state CCS and the California Department of Education;

(10) Approving the utilization of designated therapy space when not in use by CCS staff.

(11) Planning for joint staff development activities;

(12) Resolving conflicts between the county CCS agency and the LEA; and

(13) Annually reviewing the local interagency agreement and modifying it as necessary.

(d) The local interagency agreement shall also include:

(1) The name of the LEA responsible for the provision, maintenance, and operation of the facilities housing the medical therapy unit or medical therapy unit satellite during the CCS work day on a twelve-month basis;

(2) The name of the LEA having the fiscal/administrative responsibility for the provision and maintenance of necessary space, equipment, and supplies; and

(3) The process for change in fiscal/administrative responsibility for the provision and maintenance of necessary space, equipment, and supplies.

Cal. Code Regs. Tit. 2, § 60310

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. Change without regulatory effect amending subsections (a), (c) and (c)(6) and amending NOTE filed 8-30-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 35).

Note: Authority cited: Section 7587, Government Code; and Section 20, Health and Safety Code. Reference: Sections 7572 and 7575, Government Code; Section 123875, Health and Safety Code; Section 300.500 of Title 34, Code of Federal Regulations; and Section 56341, Education Code.

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. Change without regulatory effect amending subsections (a), (c) and (c)(6) and amending Note filed 8-30-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 35).