(a) Notwithstanding any other law, on or before January 1, 2024, the department shall revise its regulations to meet both of the following requirements:

(1) Permit children with exceptional needs, as defined in § 8205 of the Education Code, who are enrolled in separate programs or classrooms from nondisabled children to use outdoor play spaces simultaneously with nondisabled children without first seeking a waiver of Section 101238.2 of Title 22 of the California Code of Regulations.

(2) Specify any health and safety requirements that shall be met when simultaneous use of outdoor play spaces as described in paragraph (1) occurs.

(b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this section by means of an all-county letter or similar instruction. The all-county letter or similar instruction shall be issued on or before January 1, 2024.

(Added by Stats. 2022, Ch. 916, Sec. 1. (AB 2827) Effective January 1, 2023.)