Chapter 4.3 - Family Empowerment Centers on Disability

California Education Code — §§ 56400-56415

Sections (10)

Amended by Stats. 2021, Ch. 44, Sec. 88. (AB 130) Effective July 9, 2021.

It is the intent of the Legislature, through enactment of this chapter and as required by state and federal law, to do all of the following:

(a)Ensure that children and young adults with disabilities are provided a free and appropriate public education in the least restrictive environment possible in accordance with their needs and capabilities and applicable federal and state law and regulations.

(b)Ensure that children and young adults with disabilities receive the necessary educational support and services they need to complete

their education with the skills they need to meaningfully participate in their communities.

(c)Offer parents and families of children and young adults with disabilities access to accurate information, specialized training, and peer-to-peer support in their communities in a linguistically and culturally affirming manner.

(d)Ensure that parents and families of children and young adults with disabilities are full participants in their child’s education, school reform, and comprehensive systems change efforts.

(e)Build upon existing local and regional service delivery systems to improve, expand, and offer coordinated technical assistance to the network of existing resources available for parents and families of children and young adults with disabilities.

§ 56402

Amended by Stats. 2022, Ch. 52, Sec. 90. (AB 181) Effective June 30, 2022.

(a)The department shall award grants to establish Family Empowerment Centers on Disability. In the first year of operation, the department shall award these grants no later than February 15, 2002. In subsequent years, to the extent funding is available, the department shall award these grants no later than February 15 of that year, except as specified in paragraph (1) of subdivision (b).

(b)(1) The department shall, by March 1, 2022, award grants to establish new Family Empowerment Centers on Disability in the 41 regions in the state established under the Early Start Family Resource Centers that do not have a Family Empowerment

Center on Disability.

(2)In making awards pursuant to this subdivision, the Superintendent shall give priority to applicants that are able to ensure continuity of support for families transitioning from services under Part C to Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), either because the applicant operates a program of family support for parents of children with disabilities up to three years of age, or the applicant works in close partnership with an organization that does so, and shall take into consideration the capacity of applicants to carry out the activities specified in Section 56408.

(c)Once funding is secured, and annually until all centers are established, the department shall submit a report to the appropriate policy and fiscal committees of the Legislature documenting progress in establishing new centers

pursuant to this section.

(d)The department shall develop the grant application, with advice from stakeholders, including parents and family members of children with disabilities, adults with disabilities, the Advisory Commission on Special Education, and representatives of community agencies serving children and adults with disabilities.

(e)The sum of twenty-five thousand dollars ($25,000) shall be made available to the department, from the funds appropriated for purposes of this chapter, for the purpose of securing an outside contractor to develop a request for proposal, disseminate the proposal, empanel readers to evaluate the proposals, and cover other costs related to this process.

§ 56404

Amended by Stats. 2002, Ch. 664, Sec. 67. Effective January 1, 2003.

To be eligible to receive funding to establish Family Empowerment Centers on Disability pursuant to this chapter, applicants shall meet the following organizational requirements:

(a)Be a nonprofit charitable organization organized under the Internal Revenue Code pursuant to paragraph (3) of subdivision (c) of Section 501 of Title 26 of the United States Code.

(b)Be staffed primarily by parents, guardians, and family members of children and young adults with disabilities and by adults with disabilities.

(c)Have as a majority of board members of each center, parents, guardians, and family members of children and young adults with disabilities who have experience with local or regional disability systems and educational resources. Additional members shall include, but not be limited to, persons with disabilities and representatives of community agencies serving adults with disabilities, and other community agencies.

(d)Demonstrate the capacity to provide services in accordance with the family support guidelines developed by the Early Start Family Resource Centers pursuant to Section 95004 of the Government Code and administered by the State Department of Developmental Services, and Parent Training Information Centers established pursuant to Sections 1482 and 1483 of Title 20 of the United States Code.

§ 56406

Amended by Stats. 2021, Ch. 44, Sec. 90. (AB 130) Effective July 9, 2021.

(a)The department shall issue requests for proposals, select grantees, and award grants pursuant to this chapter. Grants awarded to Family Empowerment Centers on Disability by the

department shall be based upon a formula that does both of the following:

(1)Establishes a minimum base rate of one hundred fifty thousand dollars ($150,000) for each center to provide the basic services pursuant to this chapter and serve parents and families of children and young adults 3 to 18 years of age, inclusive, and

young adults 19 to 22 years of age, inclusive,

who had an individualized education program before their 18th birthday.

(2)Establishes an allocation mechanism that is determined according to school enrollment of the region served.

(b)Commencing on July 1, 2021, grants awarded to Family Empowerment Centers on Disability by the department shall be based upon a formula that does both of the following:

(1)Establishes a minimum base rate of two hundred forty-six thousand dollars ($246,000) for each center to provide the basic services pursuant to this chapter and

serve parents and families of children and young adults 3 to 18 years of age, inclusive, and young adults 19 to 22 years of age, inclusive, who had an individualized education program before their 18th birthday.

(2)Establishes an allocation mechanism that is determined according to school enrollment of the region served.

(c)The department shall give positive consideration to applicants proposing to establish new Family Empowerment Centers on Disability to serve regions that have high concentrations of pupils who qualify for free or reduced-price meals.

(d)Each grant applicant shall demonstrate all of the following:

(1)Knowledge of the needs of underserved parents and families of children and young adults with disabilities in the area to be served will be effectively met.

(2)The ability to conduct effective community engagement to assess family needs on a regular basis.

(3)Expertise in providing effective training and information to parents and families to meet their identified needs.

(4)How services will be delivered in a manner that accomplishes all of the following:

(A)All families have access to services regardless of cultural, linguistic, geographical, socioeconomic, or other similar barriers.

(B)Services are

provided in accordance with families’ linguistic and cultural preferences and needs.

(C)Services are coordinated with the existing family support organizations within the region, including, but not limited to, Early Start Family Resource Centers, or other organizations that provide family support for parents of children with disabilities up to three years of age.

(D)Promotes positive parent and professional collaboration with local educational agencies, special education local plan areas, and other community agencies.

§ 56408

Amended by Stats. 2021, Ch. 44, Sec. 91. (AB 130) Effective July 9, 2021.

(a)As a condition of receipt of funds, each Family Empowerment Center on Disability that receives assistance under this chapter and serves the parents and families of children and young adults

3 to 18 years of age, inclusive, and young adults 19 to 22 years of age, inclusive, who had an individualized education program before their 18th birthday shall do all of the following:

(1)Provide training and information that meets the training and information needs of parents and

families of children and young adults with disabilities living in the area served by the center, particularly those families and individuals who have been

underserved.

(2)Work with community-based organizations, including community advisory committees established pursuant to Article 7 (commencing with Section 56190) of Chapter 2, parent advisory committees of one or more local educational agencies in their service region established pursuant to Sections 52063 and 52069, and state and local agencies serving children with disabilities.

(3)Train and support parents and families of children and young adults with disabilities to do all of the following:

(A)Better understand the nature of their children’s disabilities and their

children’s educational and developmental

needs, including the benefits of inclusion in a least restrictive educational environment.

(B)Participate in activities to address disparities in opportunities and improve outcomes for children and young adults with disabilities.

(C)Advocate for the child’s needs in a manner that promotes alternative forms of dispute resolution and

positive relationships between parents and professionals.

(4)Support parents with how to access language access support, including interpretation and translation of written materials, that is additional to language access support required to be provided by local educational agencies.

(5)Support parents in navigating referrals for services, such as support for pupil and family needs, respite services, physical and mental health services, and other necessary services depending on family circumstances.

(6)Assist parents in accessing support through other programs, such as the Foster Youth Services Coordinating Program and programs administered by the State Department of Developmental Services and the Department of Rehabilitation.

(7)Support parents in communicating effectively with personnel responsible for providing special education, early intervention, and related services.

(8)Serve as a resource to parents and families in decisionmaking processes and the development of individualized education programs.

(9)Provide parents appropriate information regarding the range of options, programs, services, and resources available to assist children and young adults with disabilities and their families.

(10)Subject to the availability of resources and upon parental request, attend individualized education program development meetings that include parents and personnel responsible for assessing pupil eligibility for special education and early intervention services.

(11)Submit data annually, in accordance with the data template established by the department pursuant to subdivision (b) of Section 56411, no later than a date selected by the Superintendent. The Superintendent shall select this date by June 30, 2022.

(b)(1) Following the initial awarding of a grant to a Family Empowerment Center on Disability, the department shall assess the center’s eligibility for continued funding, at a minimum, as follows:

(A) For a Family

Empowerment Center on Disability established during or after the 2020–21 fiscal year, the department shall assess the center’s eligibility every five years after the center is established.

(B) For a Family Empowerment Center on Disability established before the 2020–21 fiscal year, the department shall assess the center’s eligibility during the 2023–24 fiscal year and every five years thereafter.

(2)Assessments conducted pursuant to this subdivision shall be based on a Family Empowerment Center on Disability’s demonstrated ability to meet the requirements of subdivision (a).

§ 56410

Amended by Stats. 2021, Ch. 44, Sec. 92. (AB 130) Effective July 9, 2021.

A statewide Family Empowerment and Disability Council, composed of the executive directors for the Family Empowerment Centers on Disability, shall be established. Membership on the Family Empowerment and Disability Council may also include the

executive director

or representative from the Early Start Family Resource Centers, funded by the State Department of Developmental Services, and from the parent centers funded by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). The department shall contract with an outside entity experienced with developing a statewide technical assistance disability network to facilitate the council. A base amount of

two hundred

forty-six thousand dollars ($246,000) shall be made available, from the annual appropriation made for the Family Empowerment Centers on Disability, to support the work of the council. The Family Empowerment and Disability Council shall, at a minimum, do all of the following:

(a)Provide central coordination of training and information dissemination, content, and materials for Family Empowerment Centers on

Disability to ensure parents across the state have equitable access to training and information.

(b)Develop a technical assistance system and activities to support continuous improvement of the Family Empowerment Centers on Disability in accordance with a plan developed in conjunction with the directors of the Family Empowerment Centers on Disability.

(c)Ensure that an outside entity provides assistance in developing a statewide technical assistance disability network, and performs an annual, independent

evaluation of the effectiveness of the services provided by Family Empowerment

Centers on Disability that shall include, but is not limited to, an evaluation of the data points listed in subdivision (b) of Section 56411. The goal shall be to improve center management, parental satisfaction with the services received, and the quality and effectiveness of services delivered.

(d)Assist each center to build its capacity to serve its geographic region.

(e)Conduct media outreach and other public education efforts to promote the goals of the Family Empowerment Centers on Disability.

(f)Support and participate with the department in activities aligned with improvement activities within the statewide system

of support established pursuant to Section 52059.5.

§ 56411

Added by Stats. 2021, Ch. 44, Sec. 93. (AB 130) Effective July 9, 2021.

(a)The department, on or before June 30, 2022, shall develop or update a uniform and coordinated tracking and data collection system, and establish or update outcome-based evaluation procedures and processes, for use by Family Empowerment Centers on Disability to demonstrate the centers’ ability to meet the requirements of Section 56408. The tracking and data collection system shall not be duplicative of, and shall interface with, existing special education data systems.

(b)The department, on or before June 30, 2022, shall develop a data collection template for use by Family Empowerment Centers on Disability that shall include, but is not limited to, all of the following:

(1)The number of parent and family trainings provided by the center, including, but not limited to, trainings on individualized education programs and least restrictive educational environments.

(2)The number of individualized education program meetings attended by personnel of a center.

(3)The disability categories of children and young adults served by the center.

(4)Demographic information of parents and pupils served by the center, including, but not limited to, the pupil’s disability, the pupil’s free or reduced-price meal eligibility, English learner classification, and the parent’s primary language.

(5)The nature of disagreements between parents and schools or school districts, and the manner in which these disagreements were

resolved with the assistance of the center.

(6)Measures of parental satisfaction with services provided by the center collected in a standardized format across centers to allow for comparable survey results.

(c)The department shall provide guidance to Family Empowerment Centers on Disability on how to define and report data for purposes of this section.

(d)The department shall consult with the Family Empowerment and Disability Council on the development of the data collection template.

§ 56412

Added by Stats. 2001, Ch. 690, Sec. 1. Effective January 1, 2002.

When at least four Family Empowerment Centers on Disability have been in operation for two years, the State Department of Education shall contract, pursuant to funding made available in that fiscal year’s Budget Act, with an outside entity to conduct an evaluation of the effectiveness of the services provided by the centers, including, but not limited to, the number of parents who have been trained, the number of cases handled by the centers, an estimate of the number of lawsuits avoided, and the overall effectiveness of the centers.

§ 56414

Added by Stats. 2001, Ch. 690, Sec. 1. Effective January 1, 2002.

The State Department of Education is required to implement this chapter only if an appropriation is made for this purpose in the Budget Act.

§ 56415

Repealed and added by Stats. 2021, Ch. 44, Sec. 95. (AB 130) Effective July 9, 2021.

On or before June 30, 2023, the department shall do both of the following:

(a)Inform parents of children with disabilities of the availability of Family Empowerment Centers on Disability services by including in its notice of procedural safeguards information on the purpose of the centers and the web address of its internet website that lists contact information for the centers.

(b)Include the information described in subdivision (a) on all of the department’s translated versions of its notice of procedural safeguards and on a sample notice of procedural safeguards that it shall maintain on its internet website.