1. (a) Designated Developmental Disability Program (DDP) institutions shall provide student support during education assignments for incarcerated persons in the DDP.
2. (b) Instructional staff shall have credentials issued by the California Commission on Teacher Credentialing. A minimum of one instructor at each designated DDP institution must have a Special Education Credential and be assigned as a Resource Specialist Program (RSP) teacher.
3. (c) Notwithstanding reasonable circumstances for delay, a Student Study Team comprised of the RSP teacher, the classroom teacher, an education supervisor, and the incarcerated person, shall meet within ten working days of an incarcerated person in the DDP being assessed and placed in an education program. Thereafter, the Student Study Team shall meet at least once annually for review and assessment of the incarcerated person's placement. Circumstances that may warrant delay include, but are not limited to incarcerated person refusal, modified programming at the institution, or situations that pose a threat or jeopardize the safety or security of the incarcerated person, staff, the institution, or others. A teacher may request a team meeting whenever there are behavioral issues that must be addressed to prevent removal from the assignment.
4. (d) All incarcerated persons in the DDP who have been assigned to education programs shall be assessed in reading grade level and math. An Individually Tailored Education Plan (ITEP) shall be created for the incarcerated person to establish goals, objectives, or accommodations, taking into consideration the individual's adaptive support needs. The ITEP shall be reviewed at least every six months.

5. (e) For incarcerated persons in the DDP, with severe cognitive disabilities and who have not made educationally expected progress on formative, summative, and standardized educational assessments pertaining to their enrolled classes, the RSP teacher or designee shall initiate a Student Study Team (SST) to consider the appropriateness of a Certificate of Attendance and Participation (CAP) for the incarcerated person. If the SST, as well as the incarcerated person in the DDP, agree that a CAP is the most appropriate option, and if the criteria in subsection 3369.13(e)(1)(A) through (E) are met A CAP shall be approved by the SST.

   1. (1) Incarcerated persons in the DDP meeting all of the following criteria are eligible for a CAP:

      1. (A) Reading level of 4.0 or below.
      2. (B) Assigned to a RSP teacher or principal designee for a minimum of one year.
      3. (C) Attended at least four years of education beyond the eighth grade, at an accredited secondary school (public, private, or CDCR).
      4. (D) Satisfactorily met the Individually Tailored Education Plan (ITEP) goals and objectives as determined by the Student Study Team.
      5. (E) Participated in an instructional program as prescribed in their ITEP.

   If a CAP is approved, the incarcerated person in the DDP shall be awarded a program completion and Milestone Completion Credit in accordance with the Milestone Completion Credit Schedule in subsection 3043.3(d).

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Clark v California (2002) USDC-ND (No. C-96-1486-CRB).

History

1. New section filed 6-3-2025; operative 10-1-2025 (Register 2025, No. 23).