§ 56863

(a) The state hospital or developmental center, as part of the notification to the educational rights holder of their rights pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), and this part and implementing regulations, shall notify the educational rights holder of the right that the student can be considered for education programs other than on state hospital or developmental center grounds.

(b) For purposes of this section, “educational rights holder” means a parent, a legal guardian, a conservator, a person acting as a parent of a child, an adult student who is not conserved, a surrogate parent appointed pursuant to Section 300.519 of Title 34 of the Code of Federal Regulations, or any other person responsible for protecting the student’s rights and interests with respect to educational or developmental services, including any special education and related services.

(c) Information and records concerning state hospital and developmental center patients in the possession of the Superintendent shall be treated as confidential under Section 5328 of the Welfare and Institutions Code and the federal Privacy Act of 1974, Public Law 93-579.

(Amended by Stats. 2023, Ch. 44, Sec. 8. (AB 121) Effective July 10, 2023.)