|
Protection & Advocacy Inc. Advancing the Rights of Californians with Disabilities |
LEGISLATION & PUBLIC 1029 J Street, Suite 150 |
|
|
|
||
Principles for Addressing Amendments to the
|
||
|
1. The least restrictive environment for children and youth with disabilities, as well as for all children and youth, whenever possible should be at home with their families and in their own community. Initiatives that promote the creation of and delivery of home and community based services to children and youth to prevent removal from the home or to facilitate transition back to a home and community based environment shall be supported. Any legislative or budget action which would remove children from their own homes or community to receive necessary services and support or otherwise create incentives or lower the threshold for placing children out of home is unacceptable. 2. The least restrictive educational environment for children and youth with disabilities who are living out-of-home is a regular, public school classroom with supplementary services and supports as may be necessary, whenever possible. Initiatives that promote the integration of children who are in out-of-home placements into public schools and regular classrooms with whatever supplementary services and supports as may be necessary shall be supported. Attempts to create incentives or to lower the threshold for placing children who are living out-of-home in non-public schools or other segregated classroom settings shall be opposed. 3. Specifically, children and youth who are in or at risk of institutionalization or removal from their homes due to their disabilities are entitled to: (a) Special education and related services to support them in the least restrictive environment, regardless of living situation or involvement in the child welfare or juvenile justice systems. Specifically, children placed out-of-home are entitled to education delivered in a public school in a regular classroom whenever possible; (b) For eligible children, the right to any medically necessary medical and mental health services that will correct or ameliorate a condition revealed through screening, as provided by the expansive Early and Periodic Screening, Testing, Diagnosis, and Treatment (EPSDT) program; (c) Court-ordered placements that appropriately and effectively address the child’s educational, health, and mental health related needs in the least restrictive environment, drawing upon services that should be available from responsible agencies including those that specifically serve indigenous children and youth and their families; (d) Positive behavioral intervention services and supports at home, in school, and in the community to address serious behavior problems; (e) Service delivery that is coordinated and comprehensive, so that a child’s needs are met regardless of the “door of entry.” 4. Initiatives that promote the above rights shall be supported while those that impair these rights shall be opposed. Specifically, initiatives to develop and expand the availability of new services (such as Wraparound), expand entitlements to children who do not currently qualify for services under certain programs (such as Medi-Cal), and to enhance service coordination (such as through Children’s Systems of Care) should be supported. |
||
|
Policy #1021.01 |
Adopted |
|