Section 95003 Of Chapter 1. General Provisions From California Government Code >> Title 14. >> Chapter 1.
95003
. (a) The state's participation in Part C of the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et
seq.) shall be contingent on the receipt of federal funds to cover
the costs of complying with the federal statutes and regulations that
impose new requirements on the state. The State Department of
Developmental Services and the State Department of Education annually
shall report to the Department of Finance during preparation of the
Governor's Budget, and the May Revision, the budget year costs and
federal funds projected to be available.
(b) If the amount of funding provided by the federal government
pursuant to Part C of the federal Individuals with Disabilities
Education Act for the 1993-94 fiscal year, or any fiscal year
thereafter, is not sufficient to fund the full increased costs of
participation in this federal program by the local educational
agencies, as required pursuant to this title, for infants and
toddlers from birth to two years of age, inclusive, identified
pursuant to Section 95014, and that lack of federal funding would
require an increased contribution from the General Fund or a
contribution from a local educational agency in order to fund those
required and supplemental costs, the state shall terminate its
participation in the program. Termination of the program shall occur
on July 1 if local educational agencies have been notified of the
termination prior to March 10 of that calendar year. If this
notification is provided after March 10 of a calendar year, then
termination shall not occur earlier than July 1 of the subsequent
calendar year. The voluntary contribution by a state or local agency
of funding for any of the programs or services required pursuant to
this title shall not constitute grounds for terminating the state's
participation in that federal program. It is the intent of the
Legislature that if the program terminates, the termination shall be
carried out in an orderly manner with notification of parents and
certificated personnel.
(c) This title shall remain in effect only until the state
terminates its participation in Part C of the federal Individuals
with Disabilities Education Act for individuals from birth to two
years of age, inclusive, and notifies the Secretary of the Senate of
the termination, and as of that later date is repealed. As the lead
agency, the State Department of Developmental Services, upon
notification by the Department of Finance or the State Department of
Education as to the insufficiency of federal funds and the
termination of this program, shall be responsible for the payment of
services pursuant to this title when no other agency or department is
required to make these payments.