Education Code — Part 37 | EDC — United States — California law | Esheria

Education Code

Part 37 of 57 · provisions 7,201–7,400

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About this statute

This chapter is named the Public Education Facilities Bond Act of 1996 and may be cited by that name. This section lets California education entities and teacher-training institutions make agreements or contracts to exchange or assign personnel, with assignments limited to one year. A specified $2,012,035,000 of bond proceeds must be deposited into the State School Building Lease-Purchase Fund. Money in the State School Building Lease-Purchase Fund must be used to provide aid and reimburse specified education and bond-expense funds. An agreement under Section 10000 must allow certain California State University and district teaching employees to take on each other’s duties.

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Provisions of Education Code

Showing 200 of 11,236

  1. 56070.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Qualifications for Designated Instruction and Services Personnel, Related Services Personnel, and Paraprofessionals [56070- 56070.] ( Article 5 added by Stats. 2007, Ch. 454, Sec. 11. )

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    Local educational agencies must take measurable steps to recruit, hire, train, and retain highly qualified personnel for special education and related services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 1. General Provisions [56000 - 56070] ( Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Qualifications for Designated Instruction and Services Personnel, Related Services Personnel, and Paraprofessionals [56070- 56070.] ( Article 5 added by Stats. 2007, Ch. 454, Sec. 11. ) ## 56070. (a) In accordance with Section 1412(a)(14)(A), (B), and (D) of Title 20 of the United States Code and Section 300.156(a), (b), and (d) of Title 34 of the Code of Federal Regulations, qualifications for designated instruction and services personnel, related services personnel, and paraprofessionals shall include the following: (1) Be consistent with a state-approved or state-recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or designated instruction and services, and related services. (2) Ensure that personnel who deliver services in their discipline or profession meet the requirements of this subdivision and have not had certification or licensure requirements waived on an emergency, temporary, or provisional basis. (3) Allow paraprofessionals and assistants who are appropriately trained and supervised, in accordance with state law, regulation, or written policy, in meeting the requirements of this part to be used to assist in the provision of special education, designated instruction and services, and related services under this part to individuals with exceptional needs. (b) Local educational agencies shall take measurable steps to recruit, hire, train, and retain highly qualified personnel to provide special education, designated instruction and services, and related services under this part to individuals with exceptional needs. (Added by Stats. 2007, Ch. 454, Sec. 11. Effective October 10, 2007.)
  2. 56100.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. State Board of Education [56100 - 56101] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The State Board of Education must adopt rules, standards, and guidelines and must review or approve certain special education plans and appeals under Section 56100.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. State Board of Education [56100 - 56101] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56100. The board shall do all of the following: (a) Adopt rules and regulations necessary for the efficient administration of this part. (b) Adopt criteria and procedures for the review and approval by the board of local plans. (c) Adopt size and scope standards for determining the efficacy of local plans submitted by special education local plan areas, pursuant to subdivision (a) of Section 56195.1. (d) Provide review, upon petition, to a local educational agency that appeals a decision made by the department that affects its providing services under this part except a decision made pursuant to Chapter 5 (commencing with Section 56500). (e) Review and approve a program evaluation plan for special education programs provided by this part in accordance with Chapter 6 (commencing with Section 56600). This plan may be approved for up to three years. (f) Recommend to the Commission on Teacher Credentialing the adoption of standards for the certification of professional personnel for special education programs conducted pursuant to this part. (g) Adopt regulations to provide specific procedural criteria and guidelines for the identification of pupils as individuals with exceptional needs. (h) Adopt guidelines of reasonable pupil progress and achievement for individuals with exceptional needs. The guidelines shall be developed to aid teachers and parents or guardians in assessing a pupil’s individualized education program and the appropriateness of the special education services. (i) In accordance with the requirements of federal law, adopt regulations for all individualized education programs for individuals with exceptional needs, including programs administered by other state or local agencies. (j) Adopt uniform rules and regulations relating to parental due process rights in the area of special education. (k) Adopt rules and regulations regarding the ownership and transfer of materials and equipment, including facilities, related to transfer of programs, reorganization, or restructuring of special education local plan areas. (Amended by Stats. 2007, Ch. 56, Sec. 16. Effective January 1, 2008.)
  3. 56101.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. State Board of Education [56100 - 56101] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. )

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    A public agency may ask the board for a waiver of code or regulation requirements tied to a pupil’s individualized education program, and the board may grant it if certain conditions are met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. State Board of Education [56100 - 56101] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56101. (a) A public agency, as defined in Section 56028.5, may request the board to grant a waiver of any provision of this code or regulations adopted pursuant to that provision if the waiver is necessary or beneficial to the content and implementation of the pupil’s individualized education program and does not abrogate any right provided individuals with exceptional needs and their parents or guardians under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or affect the compliance of a local educational agency with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), and federal regulations relating thereto. (b) The board may grant, in whole or in part, any request pursuant to subdivision (a) when the facts indicate that failure to do so would hinder implementation of the pupil’s individualized education program or compliance by a local educational agency with federal mandates for a free appropriate public education for children or youth with disabilities. (Amended by Stats. 2007, Ch. 56, Sec. 17. Effective January 1, 2008.)
  4. 56120.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The superintendent must administer the provisions of this part.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56120. The superintendent shall administer the provisions of this part. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  5. 56121.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The superintendent must approve the organization of local plans within each county.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56121. The superintendent shall grant approval of the organization of the local plans within each county. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  6. 56122.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The Superintendent must set guidelines and help with local plans, and the department must create required templates by set dates.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56122. (a) The Superintendent shall establish guidelines for the development of local plans, including a standard format for local plans, and provide assistance in the development of local plans. The purposes of the guidelines and assistance shall be to help districts and county offices benefit from the experience of other local agencies that implement programs under this part, including, but not limited to, reducing paperwork, increasing parental involvement, improving transparency, and providing effective staff development activities. To the extent possible, all forms, reports, and evaluations shall be designed to satisfy simultaneously state and federal requirements. (b) On or before July 1, 2019, the department shall develop templates that shall be used by special education local plan areas, districts, and county superintendents of schools to meet the requirements of Sections 56195.1 and 56205. (c) Commencing July 1, 2027, each local plan shall include an annual assurances support plan. The purpose of the annual assurances support plan is to demonstrate how the special education local plan area and its participating agencies are coordinating for purposes of assuring effective outcomes for pupils with disabilities. The department shall develop a template for the annual assurances support plan by July 1, 2026. The annual assurances support plan shall include all of the following elements: (1) A description of how the governing board of the special education local plan area has determined that the special education local plan area will support participating agencies in achieving the goals, actions, and services identified in their local control and accountability plans. (2) A description of how the governing board of the special education local plan area has determined that the special education local plan area will connect its participating agencies in need of technical assistance to the statewide system of support. (3) A brief description of the services, technical assistance, and support the governing board of the special education local plan area has determined that it will provide in meeting the requirements under paragraphs (1) to (21), inclusive, of subdivision (a) of Section 56205. (Amended by Stats. 2022, Ch. 52, Sec. 89. (AB 181) Effective June 30, 2022.)
  7. 56123.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The superintendent must review local plans and recommend them to the board for approval.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56123. The superintendent shall review and recommend to the board for approval, local plans developed and submitted in accordance with this part. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  8. 56124.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The superintendent must promote innovation and improvement in special education across public and nonpublic, nonsectarian schools and at district, county, and state levels.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56124. The superintendent shall promote innovation and improvement in the field of special education at the public and nonpublic, nonsectarian school, district, county, and state levels. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  9. 56125.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The Superintendent of Public Instruction must monitor, provide technical assistance, and enforce this part, and must periodically review local plans onsite for program and fiscal compliance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56125. (a) The Superintendent shall monitor, provide technical assistance, and enforce the provisions of this part pursuant to Section 56600.6. (b) The Superintendent shall monitor the implementation of local plans by periodically conducting onsite program and fiscal reviews, in accordance with Sections 300.114 to 300.120, inclusive, of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 18. Effective January 1, 2008.)
  10. 56126.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The superintendent must encourage the maximum practicable involvement of parents of children enrolled in special education programs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56126. The superintendent shall encourage the maximum practicable involvement of parents of children enrolled in special education programs. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  11. 56127.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The superintendent must make recommendations on staff development, curriculum, testing and multicultural assessment, and materials for special education programs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56127. The superintendent shall make recommendations in the areas of staff development, curriculum, testing and multicultural assessment, and the development of materials for special education programs. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  12. 56128.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The superintendent must prepare any state plan required by federal law for board approval when needed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56128. The superintendent shall prepare for board approval, as necessary, any state plan required by federal law in order that this state may qualify for any federal funds available for the education of individuals with exceptional needs. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  13. 56129.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The Superintendent of Public Instruction must maintain the state special schools and diagnostic centers and coordinate their services with the local educational agency.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56129. The Superintendent shall maintain the state special schools and diagnostic centers in accordance with Part 32 (commencing with Section 59000) so that the services of those schools and centers are coordinated with the services of the local educational agency. (Amended by Stats. 2007, Ch. 56, Sec. 19. Effective January 1, 2008.)
  14. 56130.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The superintendent must prepare a biennial performance report on special education programs authorized under this part and submit it to the board.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56130. The superintendent shall develop in accordance with Section 56602, a biennial performance report of special education programs authorized under this part for submission to the board. (Amended by Stats. 2002, Ch. 1168, Sec. 49. Effective September 30, 2002.)
  15. 56131.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The superintendent must apportion funds under Chapter 7.2 and the approved local plans.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56131. The superintendent shall apportion funds in accordance with Chapter 7.2 (commencing with Section 56836) and approved local plans. (Amended by Stats. 1998, Ch. 89, Sec. 18. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
  16. 56132.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The superintendent of public instruction must help districts, county offices, and special education local plan areas improve and evaluate their programs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56132. The superintendent shall assist districts, county offices, and special education local plan areas in the improvement and evaluation of their programs. (Amended by Stats. 1998, Ch. 89, Sec. 19. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
  17. 56133.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The superintendent must arrange the mediation conference and the state hearing required by the cited sections.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56133. The superintendent shall provide for the mediation conference prescribed by Sections 56502 and 56503 and the state hearing prescribed by Section 56505. (Amended by Stats. 1980, Ch. 1353, Sec. 38. Effective September 30, 1980.)
  18. 56134.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The superintendent must perform the duties set out in Chapter 4.5, starting with Section 56452.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56134. The superintendent shall perform the duties prescribed by Chapter 4.5 (commencing with Section 56452). (Amended by Stats. 1993, Ch. 1296, Sec. 13.7. Effective October 11, 1993.)
  19. 56135.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The superintendent must assure and supervise education and related services for individuals with exceptional needs, but this section does not authorize the superintendent to prescribe health care services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56135. (a) The superintendent shall be responsible for assuring provision of, and supervising, education and related services to individuals with exceptional needs as specifically required pursuant to the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (b) Nothing in this part shall be construed to authorize the superintendent to prescribe health care services. (Amended by Stats. 1993, Ch. 1296, Sec. 14. Effective October 11, 1993.)
  20. 56136.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The superintendent must develop low-incidence disability guidelines, provide technical assistance about them, and consider them when monitoring related programs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56136. The superintendent shall develop guidelines for each low incidence disability area and provide technical assistance to parents, teachers, and administrators regarding the implementation of the guidelines. The guidelines shall clarify the identification, assessment, planning of, and the provision of, specialized services to pupils with low incidence disabilities. The superintendent shall consider the guidelines when monitoring programs serving pupils with low incidence disabilities pursuant to subdivision (a) of Section 56836.04. The adopted guidelines shall be promulgated for the purpose of establishing recommended guidelines and shall not operate to impose minimum state requirements. (Amended by Stats. 1998, Ch. 89, Sec. 20. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
  21. 56138.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The Superintendent must develop, and the board must adopt, performance goals and indicators for individuals with exceptional needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56138. The Superintendent shall develop, and the board shall adopt, performance goals and indicators for individuals with exceptional needs that are consistent with, to the maximum extent appropriate, the standards for all pupils in the public education system, in accordance with the provisions of Section 1412(a)(15) of Title 20 of the United States Code and Section 300.157 of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 20. Effective January 1, 2008.)
  22. 56140.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. County Offices [56140- 56140.] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    County offices must prepare and submit a countywide special education plan unless every district in the county chooses one local plan, and they must review local plans, handle appeals, and participate in state review.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. County Offices [56140- 56140.] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56140. County offices shall do all of the following: (a) Initiate and submit to the Superintendent a countywide plan for special education that demonstrates the coordination of all local plans submitted pursuant to Section 56205 and that ensures that all individuals with exceptional needs residing within the county, including those enrolled in alternative education programs, including, but not limited to, alternative schools, charter schools, opportunity schools and classes, community day schools operated by districts, community schools operated by county offices of education, and juvenile court schools, will have access to appropriate special education programs and related services. However, a county office shall not be required to submit a countywide plan when all the districts within the county elect to submit a single local plan. (b) Within 45 days, approve or disapprove any proposed local plan submitted by a district or group of districts within the county or counties. If approved, the county office shall submit the plan with comments and recommendations to the Superintendent. If disapproved, the county office shall return the plan with comments and recommendations to the district. The district may immediately appeal to the Superintendent to overrule the county office’s disapproval. The Superintendent shall make a decision on an appeal within 30 days of receipt of the appeal. A local plan shall not be implemented without approval of the plan by the county office or a decision by the Superintendent to overrule the disapproval of the county office. Approval shall be based on the capacity of the district or districts to ensure that special education programs and services are provided to all individuals with exceptional needs, and both of the following: (1) Whether the local plan adheres to the guidelines established pursuant to Section 56122 for the development of local plans. (2) Whether the local plan contains all of the required components as detailed in Section 56205. (c) Participate in the state onsite review of the district’s implementation of an approved local plan. (d) Join with districts in the county that elect to submit a plan or plans pursuant to subdivision (c) of Section 56195.1. Any plan may include more than one county, and districts located in more than one county. Nothing in this subdivision shall be construed to limit the authority of a county office to enter into other agreements with these districts and other districts to provide services relating to the education of individuals with exceptional needs. (e) For each special education local plan area located within the jurisdiction of the county office of education that has submitted a revised local plan pursuant to Section 56836.03, the county office shall comply with Section 48850, as it relates to individuals with exceptional needs, by making available to agencies that place children in licensed children’s institutions a copy of the annual service plan adopted pursuant to paragraph (2) of subdivision (b) of Section 56205. (Amended by Stats. 2018, Ch. 32, Sec. 89. (AB 1808) Effective June 27, 2018.)
  23. 56145.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Charter Schools [56145 - 56146] ( Article 3.5 added by Stats. 1998, Ch. 691, Sec. 20. )

    Verify source ↗

    Charter schools must serve students with exceptional needs attending under Part 26.8 in the same way those students are served in other public schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Charter Schools [56145 - 56146] ( Article 3.5 added by Stats. 1998, Ch. 691, Sec. 20. ) ## 56145. Individuals with exceptional needs attending charter schools pursuant to Part 26.8 (commencing with Section 47600) shall be served in the same manner as individuals with exceptional needs are served in other public schools. (Added by Stats. 1998, Ch. 691, Sec. 20. Effective January 1, 1999.)
  24. 56146.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Charter Schools [56145 - 56146] ( Article 3.5 added by Stats. 1998, Ch. 691, Sec. 20. )

    Verify source ↗

    The Legislature states that local special education plans should provide for federal funds for charter school students with exceptional needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Charter Schools [56145 - 56146] ( Article 3.5 added by Stats. 1998, Ch. 691, Sec. 20. ) ## 56146. It is the intent of the Legislature that local plans for special education local plan areas, adopted pursuant to Chapter 2.5 (commencing with Section 56195) and Chapter 3 (commencing with Section 56205), shall provide for federal funds available under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) to individuals with exceptional needs enrolled in charter schools. (Amended by Stats. 2007, Ch. 56, Sec. 21. Effective January 1, 2008.)
  25. 56150.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Juvenile Court Schools [56150- 56150.] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Special education programs under this part must be provided for certain individuals with exceptional needs in juvenile court or county community school placements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Juvenile Court Schools [56150- 56150.] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56150. Special education programs authorized by this part shall be provided, pursuant to Section 48645.2, for individuals with exceptional needs who have been adjudicated by the juvenile court for placement in a juvenile hall or juvenile home, day center, ranch or camp, or for individuals with exceptional needs placed in a county community school pursuant to Section 1981. (Amended by Stats. 1985, Ch. 795, Sec. 3.)
  26. 56155.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. )

    Verify source ↗

    This section says the article applies only to certain individuals with exceptional needs who are placed in a licensed children’s institution or foster family home by specified public authorities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. ) ## 56155. The provisions of this article shall only apply to individuals with exceptional needs placed in a licensed children’s institution or foster family home by a court, regional center for the developmentally disabled, or public agency, other than an educational agency. (Added by Stats. 1981, Ch. 1044, Sec. 6.5. Operative July 1, 1982, pursuant to Section 56166.5.)
  27. 56155.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. )

    Verify source ↗

    This section defines “licensed children’s institution” and “foster family home.”

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. ) ## 56155.5. (a) As used in this part, “licensed children’s institution” means a residential facility that is licensed by the state, or other public agency having delegated authority by contract with the state to license, to provide nonmedical care to children, including, but not limited to, individuals with exceptional needs. “Licensed children’s institution” includes a group home or short-term residential therapeutic program, as defined in Section 1502 of the Health and Safety Code. As used in this article and Article 3 (commencing with Section 56836.165) of Chapter 7.2, a “licensed children’s institution” does not include any of the following: (1) A juvenile court school, juvenile hall, juvenile home, day center, juvenile ranch, or juvenile camp administered pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27. (2) A county community school program provided pursuant to Section 1981. (3) Any special education programs provided pursuant to Section 56150. (4) Any other public agency. (b) As used in this part, “foster family home” means a family residence that is licensed by the state, or other public agency having delegated authority by contract with the state to license, to provide 24-hour nonmedical care and supervision for not more than six foster children, including, but not necessarily limited to, individuals with exceptional needs. “Foster family home” includes a small family home as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code, a certified family home of a foster family agency as defined in Section 1506 of the Health and Safety Code, and a resource family as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code. (Amended by Stats. 2016, Ch. 612, Sec. 4. (AB 1997) Effective January 1, 2017.)
  28. 56155.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. )

    Verify source ↗

    A licensed children’s institution cannot make a child’s identification as a pupil with exceptional needs a condition of admission or residency.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. ) ## 56155.7. A licensed children’s institution shall not require that a child be identified as an individual with exceptional needs as a condition of admission or residency. (Amended by Stats. 2012, Ch. 571, Sec. 2. (SB 121) Effective January 1, 2013.)
  29. 56156.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. )

    Verify source ↗

    Specified courts, regional centers, public agencies, licensed facility operators, the Superintendent, and county offices must report, identify, maintain, provide, and notify information about children who may need special education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. ) ## 56156. (a) Each court, regional center for the developmentally disabled, or public agency that engages in referring children to, or placing children in, licensed children’s institutions shall report to the special education administrator of the special education local plan area in which the licensed children’s institution is located any referral or admission of a child who is potentially eligible for special education. (b) At the time of placement in a licensed children’s institution or foster family home, each court, regional center for the developmentally disabled, or public agency shall identify all of the following: (1) Whether the courts have specifically limited the rights of the parent or guardian to make educational decisions for a child who is a ward or dependent of the court. (2) The location of the parents, in the event that the parents retain the right to make educational decisions. (3) Whether the location of the parents is unknown. (c) Each person licensed by the state to operate a licensed children’s institution, or his or her designee, shall notify the special education administrator of the special education local plan area in which the licensed children’s institution is located of any child potentially eligible for special education who resides at the facility. (d) The Superintendent shall provide each county office of education with a current list of licensed children’s institutions in that county at least biannually. The county office shall maintain the most current list of licensed children’s institutions located within the county and shall notify each district and special education local plan area within the county of the names of licensed children’s institutions located in the geographical area of the county covered by the district and special education local plan area. The county office shall notify the director of each licensed children’s institution of the appropriate person to contact regarding individuals with exceptional needs. (Amended by Stats. 2007, Ch. 56, Sec. 22. Effective January 1, 2008.)
  30. 56156.4.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. )

    Verify source ↗

    Special education local plan areas must provide appropriate education to certain students in licensed children’s institutions and foster family homes, and some local plan areas must develop written agreements identifying which public education entities will provide services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. ) ## 56156.4. (a) Each special education local plan area shall be responsible for providing appropriate education to individuals with exceptional needs residing in licensed children’s institutions and foster family homes located in the geographical area covered by the local plan. (b) In multidistrict and district and county office local plan areas, local written agreements shall be developed, pursuant to subdivision (f) of Section 56195.7, to identify the public education entities that will provide the special education services. (c) If there is no local agreement, special education services for individuals with exceptional needs residing in licensed children’s institutions shall be the responsibility of the county office in the county in which the institution is located, if the county office is part of the special education local plan area, and special education services for individuals with exceptional needs residing in foster family homes shall be the responsibility of the district in which the foster family home is located. If a county office is not a part of the special education local plan area, special education services for individuals with exceptional needs residing in licensed children’s institutions, pursuant to this subdivision, shall be the responsibility of the responsible local agency or other administrative entity of the special education local plan area. This program responsibility shall continue until the time local written agreements are developed pursuant to subdivision (f) of Section 56195.7. (d) This section shall apply to special education local plan areas that are submitting a revised local plan for approval pursuant to Section 56836.03 or that have an approved revised local plan pursuant to Section 56836.03. (Added by Stats. 1998, Ch. 89, Sec. 22. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
  31. 56157.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. )

    Verify source ↗

    For certain students with exceptional needs in licensed children’s institutions or foster family homes, the local educational agency must first consider public agency programs, use nonpublic nonsectarian schools only when appropriate, and follow placement, contract, evaluation, and reporting rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. ) ## 56157. (a) In providing appropriate programs to individuals with exceptional needs residing in licensed children’s institutions or foster family homes, the local educational agency shall first consider services in programs operated by public educational agencies for individuals with exceptional needs. If those programs are not appropriate, special education and related services shall be provided by contract with a nonpublic, nonsectarian school. (b) (1) An individual with exceptional needs residing in a licensed children’s institution or foster family home shall not be referred to, or placed in, a nonpublic, nonsectarian school unless his or her individualized education program specifies that the placement is appropriate. (2) If special education and related services are provided by contract with a nonpublic, nonsectarian school, or with a licensed children’s institution under this article, the terms of the contract shall be developed in accordance with Section 56366. (c) If an individual with exceptional needs residing in a licensed children’s institution or foster family home is placed in a nonpublic, nonsectarian school, the local educational agency that made the placement shall conduct an annual evaluation, in accordance with federal law as part of the annual individualized education program process, of whether the placement is the least restrictive environment that is appropriate to meet the pupil’s needs. (d) If an individual with exceptional needs residing in a licensed children’s institution or foster family home is placed in a nonpublic, nonsectarian school, the nonpublic, nonsectarian school shall report to the local educational agency that made the placement, on a quarterly or trimester basis, as appropriate, the educational progress demonstrated by the individual with exceptional needs towards the attainment of the goals and objectives specified in the individual’s individualized education program. Pursuant to federal law, no local educational agency shall refer a pupil to a nonpublic, nonsectarian school unless the services required by the individualized education program of the pupil can be ensured. (Amended by Stats. 2012, Ch. 571, Sec. 3. (SB 121) Effective January 1, 2013.)
  32. 56159.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. )

    Verify source ↗

    If certain education agencies do not make the placement decision, the placing regional center or public agency must pay the individual’s residential and noneducation service costs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. ) ## 56159. If a district, special education local plan area, or county office does not make the placement decision of an individual with exceptional needs in a licensed children’s institution or in a foster family home, the regional center for the developmentally disabled or public agency, excluding an education agency, placing the individual in the institution, shall be responsible for the residential costs and the cost of noneducation services of the individual. (Amended by Stats. 2012, Ch. 470, Sec. 7. (AB 1529) Effective January 1, 2013.)
  33. 56162.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. )

    Verify source ↗

    Individuals with exceptional needs placed in a licensed children’s institution or foster family home before this article took effect are treated as residents of the local plan area where the institution or home is located for special education and related services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. ) ## 56162. Individuals with exceptional needs placed in a licensed children’s institution or foster family home by a court, regional center for the developmentally disabled, or public agency, other than an educational agency, prior to the effective date of this article, shall be considered residents of the geographical area of the local plan in which the licensed children’s institution or foster family home is located, for special education and related services pursuant to the provisions of this article. (Amended by Stats. 1982, Ch. 1201, Sec. 10. Effective September 22, 1982.)
  34. 56163.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. )

    Verify source ↗

    A licensed children’s institution that provides nonsectarian educational programs for individuals with exceptional needs must be certified by the department.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. ) ## 56163. A licensed children’s institution which provides nonsectarian educational programs for individuals with exceptional needs shall be certified by the department as prescribed by subdivision (c) of Section 56366. (Repealed and added by Stats. 1981, Ch. 1044, Sec. 6.5. Operative July 1, 1982, pursuant to Section 56166.5.)
  35. 56164.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. )

    Verify source ↗

    This article does not apply to programs operating in state hospitals or juvenile court schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. ) ## 56164. This article shall not apply to programs operating in state hospitals and juvenile court schools. (Repealed and added by Stats. 1981, Ch. 1044, Sec. 6.5. Operative July 1, 1982, pursuant to Section 56166.5.)
  36. 56165.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. )

    Verify source ↗

    This article does not apply to individuals with exceptional needs placed in a licensed children’s institution under Section 56365.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. ) ## 56165. This article shall not apply to individuals with exceptional needs placed in a licensed children’s institution pursuant to Section 56365. (Repealed and added by Stats. 1981, Ch. 1044, Sec. 6.5. Operative July 1, 1982, pursuant to Section 56166.5.)
  37. 56166.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. )

    Verify source ↗

    The board must adopt rules and regulations to implement this article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. ) ## 56166. The board shall adopt rules and regulations to implement the provisions of this article. (Repealed and added by Stats. 1981, Ch. 1044, Sec. 6.5. Operative July 1, 1982, pursuant to Section 56166.5.)
  38. 56166.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. )

    Verify source ↗

    This article becomes operative on July 1, 1982.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] ( Article 5 repealed (by Sec. 6.6) and added by Stats. 1981, Ch. 1044, Sec. 6.5. ) ## 56166.5. This article shall become operative July 1, 1982. (Repealed and added by Stats. 1981, Ch. 1044, Sec. 6.5. Note: This section prescribes a delayed operative date for Article 5, commencing with Section 56166.)
  39. 56167.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.5. Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities [56167 - 56169.7] ( Article 5.5 added by Stats. 1981, Ch. 1044, Sec. 6.7. )

    Verify source ↗

    This section makes the local educational agency responsible for educating certain students with exceptional needs who are placed in specified hospitals or health facilities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.5. Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities [56167 - 56169.7] ( Article 5.5 added by Stats. 1981, Ch. 1044, Sec. 6.7. ) ## 56167. (a) Individuals with exceptional needs who are placed in a public hospital, state licensed children’s hospital, psychiatric hospital, proprietary hospital, or a health facility for medical purposes are the educational responsibility of the local educational agency in which the hospital or facility is located, as determined in local written agreements pursuant to subdivision (e) of Section 56195.7. (b) For the purposes of this part, “health facility” shall have the definition set forth in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. (Amended by Stats. 2007, Ch. 56, Sec. 23. Effective January 1, 2008.)
  40. 56167.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.5. Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities [56167 - 56169.7] ( Article 5.5 added by Stats. 1981, Ch. 1044, Sec. 6.7. )

    Verify source ↗

    This section says a placement in a hospital or health facility is not to be treated as a necessary residential placement for which the local educational agency is responsible.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.5. Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities [56167 - 56169.7] ( Article 5.5 added by Stats. 1981, Ch. 1044, Sec. 6.7. ) ## 56167.5. Nothing in this article shall be construed to mean that the placement of any individual with exceptional needs in a hospital or health facility constitutes a necessary residential placement, as described under Section 300.104 of Title 34 of the Code of Federal Regulations, for which the local educational agency would be responsible as an educational program option under this part. (Amended by Stats. 2007, Ch. 56, Sec. 24. Effective January 1, 2008.)
  41. 56168.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.5. Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities [56167 - 56169.7] ( Article 5.5 added by Stats. 1981, Ch. 1044, Sec. 6.7. )

    Verify source ↗

    Some hospitals and health facilities are barred from certification as nonpublic, nonsectarian schools for special education if they did not provide qualifying special education in the 1994–95 school year; local districts must find alternative placements by September 1, 1994, and the local educational agency has responsibility for residents in these facilities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.5. Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities [56167 - 56169.7] ( Article 5.5 added by Stats. 1981, Ch. 1044, Sec. 6.7. ) ## 56168. (a) A public hospital, state licensed children’s hospital, psychiatric hospital, proprietary hospital, or a health facility for medical purposes located either within and outside of this state that did not provide special education to individuals with exceptional needs who satisfy the criteria set forth in paragraph (2) of subdivision (c) of Section 56026 pursuant to a waiver granted under Section 56366.2 for the 1994–95 school year, is ineligible for certification as a nonpublic, nonsectarian school pursuant to Section 56034 and Sections 56365 to 56366.5, inclusive, to provide special education to individuals with exceptional needs. Districts, special education local plan areas, or county offices shall have until September 1, 1994, to find an appropriate alternative placement for any children currently served in one of these programs. (b) Pursuant to Section 56167, the local educational agency in which the hospital or health facility is located has the educational responsibility for individuals with exceptional needs who reside in these facilities. (c) A hospital or health facility is eligible for certification as a nonpublic, nonsectarian agency pursuant to Section 56035 and Sections 56365 to 56366.5, inclusive, to provide designated instruction and services to individuals with exceptional needs whether the child attends a public or nonpublic school or is enrolled in both a public and nonpublic school program as specified in Section 56361.5. (Amended by Stats. 2007, Ch. 56, Sec. 25. Effective January 1, 2008.)
  42. 56169.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.5. Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities [56167 - 56169.7] ( Article 5.5 added by Stats. 1981, Ch. 1044, Sec. 6.7. )

    Verify source ↗

    This article does not apply to programs operating in state hospitals.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.5. Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities [56167 - 56169.7] ( Article 5.5 added by Stats. 1981, Ch. 1044, Sec. 6.7. ) ## 56169.5. This article shall not apply to programs operating in state hospitals. (Amended by Stats. 1986, Ch. 1296, Sec. 4.)
  43. 56169.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.5. Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities [56167 - 56169.7] ( Article 5.5 added by Stats. 1981, Ch. 1044, Sec. 6.7. )

    Verify source ↗

    If part of this article is held invalid by an appellate court, the rest of the article still remains in force.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.5. Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities [56167 - 56169.7] ( Article 5.5 added by Stats. 1981, Ch. 1044, Sec. 6.7. ) ## 56169.7. If any provision of this article, or the application thereof to any person or circumstances, is held invalid by an appellate court of competent jurisdiction, the remainder of the article, and the application of the provision to other persons or circumstances, shall not be affected thereby. (Added by Stats. 1986, Ch. 1296, Sec. 5.)
  44. 56170.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. )

    Verify source ↗

    This section defines “private school children with disabilities” for this part.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. ) ## 56170. As used in this part, “private school children with disabilities” means children with disabilities enrolled by a parent in private schools or facilities that meet the definition of “elementary school” in Section 300.13 of Title 34 of the Code of Federal Regulations or “secondary school” in Section 300.36 of Title 34 of the Code of Federal Regulations, in accordance with Section 300.130 of Title 34 of the Code of Federal Regulations, other than individuals with exceptional needs placed by a local educational agency in a nonpublic, nonsectarian school pursuant to Section 56365. (Amended by Stats. 2007, Ch. 56, Sec. 26. Effective January 1, 2008.)
  45. 56171.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. )

    Verify source ↗

    Local educational agencies must locate, identify, and assess private school children with disabilities in their service area.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. ) ## 56171. Pursuant to Section 300.131 of Title 34 of the Code of Federal Regulations, local educational agencies shall locate, identify, and assess all private school children with disabilities, including religiously affiliated schoolage children, who have disabilities and are in need of special education and related services attending private school in the service area of the local educational agencies where the private school is located in accordance with Section 56301. The activities undertaken to carry out this responsibility for private school children with disabilities shall be comparable to activities undertaken in accordance with Section 1412(a)(10)(A)(ii) of Title 20 of the United States Code. (Amended by Stats. 2007, Ch. 454, Sec. 12. Effective October 10, 2007.)
  46. 56172.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. )

    Verify source ↗

    Local educational agencies must provide special education services for eligible private school children with disabilities and consult with private school and parent representatives.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. ) ## 56172. (a) The local educational agency shall make provision for the participation of private school children with disabilities in special education programs under this part by providing them with special education and related services in accordance with the provisions of this article and Section 1412(a)(10)(A) of Title 20 of the United States Code and Section 300.132 of Title 34 of the Code of Federal Regulations. (b) The local educational agency or, where appropriate, the department, shall ensure timely and meaningful consultation with private school representatives and representatives of parents of parentally placed private school children with disabilities during the design and development of special education and related services for the children in accordance with Section 1412(a)(10)(A)(iii) of Title 20 of the United States Code and Section 300.134 of Title 34 of the Code of Federal Regulations. (c) When timely and meaningful consultation as required in subdivision (b) has occurred, the local educational agency shall obtain a written affirmation signed by the representatives of participating private schools, and if the representatives do not provide the affirmation within a reasonable period of time, the local educational agency shall forward the documentation of the consultation process to the department in accordance with Section 1412(a)(10)(A)(iv) of Title 20 of the United States Code. (d) A private school official shall have the right, pursuant to Section 1412(a)(10)(A)(v) of Title 20 of the United States Code and Section 300.136 of Title 34 of the Code of Federal Regulations, to submit a complaint to the department that the local educational agency did not engage in consultation that was meaningful and timely or did not give due consideration to the views of the private school official. (e) The provision of equitable services for children enrolled in private schools by their parents shall be provided by employees of a public agency, as defined in Section 56028.5, or through contract by the public agency with an individual, association, agency, organization, or other entity. (f) Special education and related services, including materials and equipment, provided to a pupil with a disability who has been parentally placed in a private school shall be secular, neutral, and nonideological, as required by Section 1412(a)(10)(A)(vi) of Title 20 of the United States Code and Section 300.138(c)(2) of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 27. Effective January 1, 2008.)
  47. 56173.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. )

    Verify source ↗

    Local educational agencies must provide special education and related services to eligible private-school pupils with disabilities, using the required federal proportionate-share funds. A public agency must administer the funds and property, and child find costs cannot be paid from that proportional share.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. ) ## 56173. To meet the requirements of Section 56172, each local educational agency shall provide special education and related services to pupils with disabilities enrolled by a parent in private elementary and secondary schools, described in Section 56171, by expending an amount of federal state grant funds allocated to the state under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) equal to a proportionate amount of federal funds made available under the Part B grant program for local assistance, in accordance with Section 1412(a)(10)(A)(i) of Title 20 of the United States Code and Section 300.133 of Title 34 of the Code of Federal Regulations. In accordance with Section 300.131(d) of Title 34 of the Code of Federal Regulations, the cost of carrying out the child find requirements in Section 56171 cannot come from the proportional share of federal grant funds received pursuant to this section and Section 300.133 of Title 34 of the Code of Federal Regulations since those funds are required to be spent on the provision of services to the pupils with disabilities enrolled by a parent in private elementary and secondary schools. The control of public funds used to provide special education and related services under Section 1412(a)(10)(A) of Title 20 of the United States Code, and title to materials, equipment, and property purchased with those funds, shall be in a public agency for the uses and purposes provided in the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). A public agency shall administer the funds and property. (Amended by Stats. 2007, Ch. 454, Sec. 13. Effective October 10, 2007.)
  48. 56174.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. )

    Verify source ↗

    A local educational agency does not have to pay for the education costs of a child with a disability at a private school or facility if it already made a free appropriate public education available and the parent chose the private placement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. ) ## 56174. The local educational agency shall not be required to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if the local educational agency made a free appropriate public education available to the child and the parent of the child elected to place the child in the private school or facility. (Amended by Stats. 2007, Ch. 56, Sec. 28. Effective January 1, 2008.)
  49. 56174.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. )

    Verify source ↗

    Private school students with exceptional needs may receive a different level of services than similar public school students, and they are not entitled to the same amount of service they would get in public school.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. ) ## 56174.5. (a) Private school individuals with exceptional needs may receive a different amount of services than individuals with exceptional needs in public school receive pursuant to Section 300.138(a)(2) of Title 34 of the Code of Federal Regulations. No private school individual with exceptional needs is entitled to any amount of service the child would receive if enrolled in a public school pursuant to Section 300.137(a) of Title 34 of the Code of Federal Regulations. (b) Decisions about the services provided to private school individuals with exceptional needs pursuant to this article shall be made pursuant to this section and Sections 300.137 to 300.139, inclusive, of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 29. Effective January 1, 2008.)
  50. 56175.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. )

    Verify source ↗

    A court or due process hearing officer may order a local educational agency to reimburse a parent or guardian for private school enrollment costs if the child was enrolled without agency consent or referral and the agency had not timely provided a free appropriate public education, and the private placement is appropriate.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. ) ## 56175. If a parent or guardian of an individual with exceptional needs, who previously received special education and related services under the authority of the local educational agency, enrolls the child in a private elementary or secondary school without the consent of or referral by the local educational agency, a court or a due process hearing officer may require the local educational agency to reimburse the parent or guardian for the cost of that enrollment if the court or due process hearing officer finds that the local educational agency had not made a free appropriate public education available to the child in a timely manner prior to that enrollment in the private elementary or secondary school and that the private placement is appropriate, in accordance with Section 1412(a)(10)(C)(ii) of Title 20 of the United States Code and Section 300.148(c) of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 30. Effective January 1, 2008.)
  51. 56176.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. )

    Verify source ↗

    Special education reimbursement under Section 56175 may be reduced or denied if the parent or guardian did not give required notice, did not disclose rejection of the proposed placement at the IEP meeting, did not make the child available for assessment, or a court finds the parent or guardian acted unreasonably.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. ) ## 56176. The cost of the reimbursement described in Section 56175 may be reduced or denied pursuant to clause (iii) of subparagraph (C) of paragraph (10) of subsection (a) of Section 1412 of Title 20 of the United States Code in the event of any of the following: (a) At the most recent individualized education program meeting that a parent or guardian attended prior to removal of the child from the public school, the parent or guardian did not inform the individualized education program team that they were rejecting the placement proposed by the local educational agency to provide a free appropriate public education to the child, including stating his or her concerns and the intent to enroll the child in a private school at public expense. (b) The parent or guardian did not give written notice to the local educational agency of the information described in subdivision (a) at least 10 business days, including any holidays that occur on a business day, prior to the removal of the child from the public school. (c) Prior to the parent’s or guardian’s removal of the child from the public school, the local educational agency informed the parent, through the notice requirements described in paragraph (3) of subsection (b) of Section 1415 of Title 20 of the United States Code, of its intent to assess the child, including a statement of the purpose of the assessment that was appropriate and reasonable, but the parent or guardian did not make the child available for the assessment. (d) Upon a judicial finding of unreasonableness with respect to actions taken by a parent or guardian. (Amended by Stats. 2005, Ch. 653, Sec. 12. Effective October 7, 2005.)
  52. 56177.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. )

    Verify source ↗

    Reimbursement costs may not be reduced or denied for missing the notice requirement in specified situations, including school interference, lack of required notice, or risk of harm to the child.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] ( Article 5.6 added by Stats. 1998, Ch. 691, Sec. 22. ) ## 56177. (a) Notwithstanding the notice requirement in subclause (I) of clause (iii) of subparagraph (C) of paragraph (10) of subsection (a) of Section 1412 of Title 20 of the United States Code, the cost of reimbursement shall not be reduced or denied, in accordance with clause (iv) of subparagraph (C) of paragraph (10) of subsection (a) of Section 1412 of Title 20 of the United States Code, for failure to provide the notice in the event of any of the following: (1) The school prevented the parent or guardian from providing the notice. (2) The parents had not received notice, pursuant to Section 1415 of Title 20 of the United States Code, of the notice requirement in subclause (I) of clause (iii) of subparagraph (C) of paragraph (10) of subsection (a) of Section 1412 of Title 20 of the United States Code. (3) Compliance with the federal provision cited in paragraph (2) would likely result in physical harm to the child. (b) In the discretion of a court or a hearing officer, the cost of reimbursement may not be reduced or denied for failure to provide the notice in either of the following circumstances: (1) The parent or guardian is illiterate or cannot write in English. (2) Providing the notice described in subclause (I) of clause (iii) of subparagraph (C) of paragraph (10) of subsection (a) of Section 1412 of Title 20 of the United States Code would likely result in serious emotional harm to the child. (Amended by Stats. 2005, Ch. 653, Sec. 13. Effective October 7, 2005.)
  53. 56190.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 7. Community Advisory Committee [56190 - 56194] ( Article 7 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Plans submitted under Section 56195.1 must establish a community advisory committee, and that committee may act only in an advisory capacity.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 7. Community Advisory Committee [56190 - 56194] ( Article 7 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56190. Each plan submitted under Section 56195.1 shall establish a community advisory committee. The committee shall serve only in an advisory capacity. (Amended by Stats. 1997, Ch. 854, Sec. 11. Effective January 1, 1998.)
  54. 56191.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 7. Community Advisory Committee [56190 - 56194] ( Article 7 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Community advisory committee members must be appointed by the governing board and follow the local selection procedure in the local plan.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 7. Community Advisory Committee [56190 - 56194] ( Article 7 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56191. The members of the community advisory committee shall be appointed by, and responsible to, the governing board of each participating district or county office, or any combination thereof participating in the local plan. Appointment shall be in accordance with a locally determined selection procedure that is described in the local plan. Where appropriate, this procedure shall provide for selection of representatives of groups specified in Section 56192 by their peers. Such procedure shall provide that terms of appointment are for at least two years and are annually staggered to ensure that no more than one half of the membership serves the first year of the term in any one year. (Amended by Stats. 1981, Ch. 972, Sec. 2.)
  55. 56192.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 7. Community Advisory Committee [56190 - 56194] ( Article 7 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The community advisory committee must be made up of specified parents, pupils, adults with disabilities, teachers, school personnel, agency representatives, and other persons concerned with the needs of individuals with exceptional needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 7. Community Advisory Committee [56190 - 56194] ( Article 7 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56192. The community advisory committee shall be composed of parents of individuals with exceptional needs enrolled in public or private schools, parents of other pupils enrolled in school, pupils and adults with disabilities, regular education teachers, special education teachers and other school personnel, representatives of other public and private agencies, and persons concerned with the needs of individuals with exceptional needs. (Amended by Stats. 1992, Ch. 759, Sec. 29. Effective September 21, 1992.)
  56. 56193.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 7. Community Advisory Committee [56190 - 56194] ( Article 7 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The committee must be made up mostly of parents of pupils in schools participating in the local plan, and most of those parent members must be parents of individuals with exceptional needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 7. Community Advisory Committee [56190 - 56194] ( Article 7 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56193. At least the majority of such committee shall be composed of parents of pupils enrolled in schools participating in the local plan, and at least a majority of such parents shall be parents of individuals with exceptional needs. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  57. 56194.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 7. Community Advisory Committee [56190 - 56194] ( Article 7 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The community advisory committee has authority and must carry out the responsibilities set for it in the local plan.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2. Administration [56100 - 56194] ( Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 7. Community Advisory Committee [56190 - 56194] ( Article 7 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56194. The community advisory committee shall have the authority and fulfill the responsibilities that are defined for it in the local plan. The responsibilities shall include, but need not be limited to, all the following: (a) Advising the policy and administrative entity of the special education local plan area regarding the development, amendment, and review of the local plan. The entity shall review and consider comments from the community advisory committee. (b) Recommending annual priorities to be addressed by the plan. (c) Assisting in parent education and in recruiting parents and other volunteers who may contribute to the implementation of the plan. (d) Encouraging community involvement in the development and review of the local plan. (e) Supporting activities on behalf of individuals with exceptional needs. (f) Assisting in parent awareness of the importance of regular school attendance. (g) Supporting community involvement in the parent advisory committee established pursuant to Section 52063 to encourage the inclusion of parents of individuals with exceptional needs to the extent these pupils also fall within one or more of the definitions in Section 42238.01. (Amended by Stats. 2018, Ch. 32, Sec. 90. (AB 1808) Effective June 27, 2018.)
  58. 56195.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2.5. Governance [56195 - 56195.10] ( Chapter 2.5 added by Stats. 1997, Ch. 854, Sec. 12. ) ## ARTICLE 1. Local Plans [56195 - 56195.5] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 12. )

    Verify source ↗

    Each special education local plan area must administer submitted local plans and the allocation of funds.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2.5. Governance [56195 - 56195.10] ( Chapter 2.5 added by Stats. 1997, Ch. 854, Sec. 12. ) ## ARTICLE 1. Local Plans [56195 - 56195.5] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 12. ) ## 56195. Each special education local plan area, as defined in subdivision (d) of Section 56195.1, shall administer local plans submitted pursuant to Chapter 3 (commencing with Section 56205) and shall administer the allocation of funds pursuant to Chapter 7.2 (commencing with Section 56836). (Amended by Stats. 2004, Ch. 896, Sec. 57. Effective September 29, 2004.)
  59. 56195.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2.5. Governance [56195 - 56195.10] ( Chapter 2.5 added by Stats. 1997, Ch. 854, Sec. 12. ) ## ARTICLE 1. Local Plans [56195 - 56195.5] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 12. )

    Verify source ↗

    A district governing board must choose one approved special education local plan option, and may not use the 2020–2026 paragraph (1) option to create a single-district special education local plan area.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2.5. Governance [56195 - 56195.10] ( Chapter 2.5 added by Stats. 1997, Ch. 854, Sec. 12. ) ## ARTICLE 1. Local Plans [56195 - 56195.5] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 12. ) ## 56195.1. The governing board of a district shall elect to do one of the following described in subdivision (a), (b), or (c): (a) (1) If of sufficient size and scope, under standards adopted by the board, submit to the superintendent a local plan for the education of all individuals with exceptional needs residing in the district in accordance with Chapter 3 (commencing with Section 56205). (2) From July 1, 2020, to July 1, 2026, inclusive, the governing board of a district shall not submit a local plan for the education of all individuals with exceptional needs residing in the district under paragraph (1) for the purpose of creating a single district special education local plan area. (b) In conjunction with one or more districts, submit to the superintendent a local plan for the education of individuals with exceptional needs residing in those districts in accordance with Chapter 3 (commencing with Section 56205). The plan shall include, through joint powers agreements or other contractual agreements, all the following: (1) Provision of a governance structure and any necessary administrative support to implement the plan. (2) Establishment of a system for determining the responsibility of participating agencies for the education of each individual with exceptional needs residing in the special education local plan area. (3) Designation of a responsible local agency or alternative administrative entity to perform functions such as the receipt and distribution of funds, provision of administrative support, and coordination of the implementation of the plan. Any participating agency may perform any of these services required by the plan. (c) Join with the county office, to submit to the superintendent a local plan in accordance with Chapter 3 (commencing with Section 56205) to assure access to special education and services for all individuals with exceptional needs residing in the geographic area served by the plan. The county office shall coordinate the implementation of the plan, unless otherwise specified in the plan. The plan shall include, through contractual agreements, all of the following: (1) Establishment of a system for determining the responsibility of participating agencies for the education of each individual with exceptional needs residing in the geographical area served by the plan. (2) Designation of the county office, of a responsible local agency, or of any other administrative entity to perform functions such as the receipt and distribution of funds, provision of administrative support, and coordination of the implementation of the plan. Any participating agency may perform any of these services required by the plan. (d) The service area covered by the local plan developed under subdivision (a), (b), or (c) shall be known as the special education local plan area. (e) This section does not limit the authority of a county office and a district or group of districts to enter into contractual agreements for services relating to the education of individuals with exceptional needs. Except for instructional personnel service units serving infants, until a special education local plan area adopts a revised local plan approved pursuant to Section 56836.03, the county office or district that reports a unit for funding shall be the agency that employs the personnel who staff the unit, unless the combined unit rate and support service ratio of the nonemploying agency is equal to or lower than that of the employing agency and both agencies agree that the nonemploying agency will report the unit for funding. (f) A charter school that is deemed a local educational agency for purposes of special education pursuant to Article 4 (commencing with Section 47640) of Chapter 6 of Part 26.8 shall participate in an approved local plan pursuant to subdivision (a), (b), or (c). A charter school may submit written policies and procedures to the department for approval by the board that establish compliance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and implementing regulations, either individually, pursuant to subdivision (a) or with other charter schools pursuant to subdivision (b). The board shall review these policies and procedures, based on the criteria established pursuant to Section 56100. Upon approval by the board, these written policies and procedures shall become the local plan. (g) The requirements of this section shall not be waived by the board pursuant to Section 56101 or any other law. (h) The Superintendent shall post all local plans submitted by each special education local plan area on the internet website of the department. (Amended by Stats. 2023, Ch. 48, Sec. 84. (SB 114) Effective July 10, 2023.)
  60. 56195.10.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2.5. Governance [56195 - 56195.10] ( Chapter 2.5 added by Stats. 1997, Ch. 854, Sec. 12. ) ## ARTICLE 2. Local Requirements [56195.7 - 56195.10] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 12. )

    Verify source ↗

    The special education local plan area must distribute the funds to participating local educational agencies as allocated instructional personnel service units, unless subdivision (i) of Section 56195.7 provides an alternative method.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2.5. Governance [56195 - 56195.10] ( Chapter 2.5 added by Stats. 1997, Ch. 854, Sec. 12. ) ## ARTICLE 2. Local Requirements [56195.7 - 56195.10] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 12. ) ## 56195.10. Unless the process described in subdivision (i) of Section 56195.7 specifies an alternative method of distribution of state and local funds among the participating local educational agencies, the funds shall be distributed by the special education local plan area as allocated instructional personnel service units and operated as computed in Chapter 7 (commencing with Section 56700) as that chapter existed on December 31, 1998, or Chapter 7.1 (commencing with Section 56835). (Added by Stats. 1998, Ch. 89, Sec. 29. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
  61. 56195.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2.5. Governance [56195 - 56195.10] ( Chapter 2.5 added by Stats. 1997, Ch. 854, Sec. 12. ) ## ARTICLE 1. Local Plans [56195 - 56195.5] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 12. )

    Verify source ↗

    When developing a local plan under Section 56195.1, each district must involve teachers and parents, cooperate with county and nearby districts, give annual notice if choosing an alternative option, keep the plan compatible with related county plans, and submit the plan to the county office for review.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2.5. Governance [56195 - 56195.10] ( Chapter 2.5 added by Stats. 1997, Ch. 854, Sec. 12. ) ## ARTICLE 1. Local Plans [56195 - 56195.5] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 12. ) ## 56195.3. In developing a local plan under Section 56195.1, each district shall do the following: (a) Involve special and general teachers selected by their peers and parents selected by their peers in an active role. (b) Cooperate with the county office and other districts in the geographic areas in planning its option under Section 56195.1 and each fiscal year, notify the department, impacted special education local plan areas, and participating county offices of its intent to elect an alternative option from those specified in Section 56195.1, at least one year before the proposed effective date of the implementation of the alternative plan. (c) Cooperate with the county office to assure that the local plan is compatible with other local plans in the county, including the local control and accountability plans adopted for the district and the county board of education, and any county plan of a contiguous county. (d) Submit to the county office for review any local plan developed under subdivision (a) or (b) of Section 56195.1. (Amended by Stats. 2018, Ch. 32, Sec. 91. (AB 1808) Effective June 27, 2018.)
  62. 56195.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2.5. Governance [56195 - 56195.10] ( Chapter 2.5 added by Stats. 1997, Ch. 854, Sec. 12. ) ## ARTICLE 1. Local Plans [56195 - 56195.5] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 12. )

    Verify source ↗

    County offices and district governing boards have authority over programs they directly maintain, and they may arrange education for pupils in other districts’ or counties’ special education programs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2.5. Governance [56195 - 56195.10] ( Chapter 2.5 added by Stats. 1997, Ch. 854, Sec. 12. ) ## ARTICLE 1. Local Plans [56195 - 56195.5] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 12. ) ## 56195.5. (a) Each county office and district governing board shall have authority over the programs it directly maintains, consistent with the local plan submitted pursuant to Section 56195.1. In counties with more than one special education local plan area for which the county office provides services, relevant provisions of contracts between the county office and its employees governing wages, hours, and working conditions shall supersede like provisions contained in a plan submitted under Section 56195.1. (b) Any county office or district governing board may provide for the education of individual pupils in special education programs maintained by other districts or counties, and may include within the special education programs pupils who reside in other districts or counties. Section 46600 shall apply to interdistrict attendance agreements for programs conducted pursuant to this part. (Added by Stats. 1997, Ch. 854, Sec. 12. Effective January 1, 1998.)
  63. 56195.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2.5. Governance [56195 - 56195.10] ( Chapter 2.5 added by Stats. 1997, Ch. 854, Sec. 12. ) ## ARTICLE 2. Local Requirements [56195.7 - 56195.10] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 12. )

    Verify source ↗

    Certain special education local plan areas and county offices must create written agreements for participating entities, and those agreements must cover specified coordination, services, budgeting, and review items.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2.5. Governance [56195 - 56195.10] ( Chapter 2.5 added by Stats. 1997, Ch. 854, Sec. 12. ) ## ARTICLE 2. Local Requirements [56195.7 - 56195.10] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 12. ) ## 56195.7. In addition to the provisions required to be included in the local plan pursuant to Chapter 3 (commencing with Section 56205), each special education local plan area that submits a local plan pursuant to subdivision (b) of Section 56195.1 and each county office that submits a local plan pursuant to subdivision (c) of Section 56195.1 shall develop written agreements to be entered into by entities participating in the plan. The agreements need not be submitted to the superintendent. These agreements shall include, but not be limited to, the following: (a) A coordinated identification, referral, and placement system pursuant to Chapter 4 (commencing with Section 56300). (b) Procedural safeguards pursuant to Chapter 5 (commencing with Section 56500). (c) Regionalized services to local programs, including, but not limited to, all of the following: (1) Program specialist service pursuant to Section 56368. (2) Personnel development, including training for staff, parents, and members of the community advisory committee pursuant to Article 3 (commencing with Section 56240). (3) Evaluation pursuant to Chapter 6 (commencing with Section 56600). (4) Data collection and development of management information systems. (5) Curriculum development. (6) Provision for ongoing review of programs conducted, and procedures utilized, under the local plan, and a mechanism for correcting any identified problem. (d) A description of the process for coordinating services with other local public agencies that are funded to serve individuals with exceptional needs. (e) A description of the process for coordinating and providing services to individuals with exceptional needs placed in public hospitals, proprietary hospitals, and other residential medical facilities pursuant to Article 5.5 (commencing with Section 56167) of Chapter 2. (f) A description of the process for coordinating and providing services to individuals with exceptional needs placed in licensed children’s institutions and foster family homes pursuant to Article 5 (commencing with Section 56155) of Chapter 2. (g) A description of the process for coordinating and providing services to individuals with exceptional needs placed in juvenile court schools or county community schools pursuant to Section 56150. (h) A budget for special education and related services that shall be maintained by the special education local plan area and be open to the public covering the entities providing programs or services within the special education local plan area. The budget language shall be presented in a form that is understandable by the general public. For each local educational agency or other entity providing a program or service, the budget, at minimum, shall display the following: (1) Expenditures by object code and classification for the previous fiscal year and the budget by the same object code classification for the current fiscal year. (2) The number and type of certificated instructional and support personnel, including the type of class setting to which they are assigned, if appropriate. (3) The number of instructional aides and other qualified classified personnel. (4) The number of enrolled individuals with exceptional needs receiving each type of service provided. (i) For multidistrict special education local plan areas, a description of the policymaking process that shall include a description of the local method used to distribute state and federal funds among the local educational agencies in the special education local plan area. The local method to distribute funds shall be approved according to the policymaking process established consistent with subdivision (f) of Section 56001 and pursuant to paragraph (3) of subdivision (b) of Section 56205. (j) (1) In accordance with Section 1413 of Title 20 of the United States Code, each single-district special education local plan area established pursuant to Section 56195.1 shall have a written procedure for the ongoing review of programs conducted, and procedures utilized pursuant to Section 56205, under the local plan as defined pursuant to Section 56027 and administered pursuant to Section 56195, and a mechanism for correcting any identified problem pursuant to paragraph (6) of subdivision (c). (2) Multidistrict special education local plan areas established pursuant to subdivision (b) of Section 56195.1 and a district or districts joined with the county office in accordance with subdivision (c) of Section 56195.1 shall have a written agreement entered into by entities participating in the local plan that includes a provision for ongoing review of programs conducted, and procedures utilized, under the local plan, and a mechanism for correcting any identified problem pursuant to paragraph (6) of subdivision (c). (3) The written procedure referenced in paragraph (1) and the written agreement referenced in paragraph (2) need not be submitted to the superintendent but shall be available upon request by the department. (Amended by Stats. 2005, Ch. 677, Sec. 45. Effective October 7, 2005.)
  64. 56195.8.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2.5. Governance [56195 - 56195.10] ( Chapter 2.5 added by Stats. 1997, Ch. 854, Sec. 12. ) ## ARTICLE 2. Local Requirements [56195.7 - 56195.10] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 12. )

    Verify source ↗

    Each entity providing special education must adopt policies for its programs and services, and those policies must cover specified topics.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2.5. Governance [56195 - 56195.10] ( Chapter 2.5 added by Stats. 1997, Ch. 854, Sec. 12. ) ## ARTICLE 2. Local Requirements [56195.7 - 56195.10] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 12. ) ## 56195.8. (a) Each entity providing special education under this part shall adopt policies for the programs and services it operates, consistent with agreements adopted pursuant to subdivision (b) or (c) of Section 56195.1 or Section 56195.7. The policies need not be submitted to the superintendent. (b) The policies shall include, but not be limited to, all of the following: (1) Nonpublic, nonsectarian services, including those provided pursuant to Sections 56365 and 56366. (2) Review, at a general education or special education teacher’s request, of the assignment of an individual with exceptional needs to his or her class and a mandatory meeting of the individualized education program team if the review indicates a change in the pupil’s placement, instruction, related services, or any combination thereof. The procedures shall indicate which personnel are responsible for the reviews and a timetable for completion of the review. (3) Procedural safeguards pursuant to Chapter 5 (commencing with Section 56500). (4) Resource specialists pursuant to Section 56362. (5) Transportation, where appropriate, which describes how special education transportation is coordinated with regular home-to-school transportation. The policy shall set forth criteria for meeting the transportation needs of special education pupils. The policy shall include procedures to ensure compatibility between mobile seating devices, when used, and the securement systems required by Federal Motor Vehicle Safety Standard No. 222 (49 C.F.R. 571.222) and to ensure that schoolbus drivers are trained in the proper installation of mobile seating devices in the securement systems. (6) Information on the number of individuals with exceptional needs who are being provided special education and related services. (7) Caseloads pursuant to Chapter 4.45 (commencing with Section 56440) of Part 30. The policies, with respect to caseloads, shall not be developed until guidelines or proposed regulations are issued pursuant to Section 56441.7. The guidelines or proposed regulations shall be considered when developing the caseload policy. A statement of justification shall be attached if the local caseload policy exceeds state guidelines or proposed regulations. (c) The policies may include, but are not limited to, provisions for involvement of district and county governing board members in any due process hearing procedure activities conducted pursuant to, and consistent with, state and federal law. (Added by Stats. 1997, Ch. 854, Sec. 12. Effective January 1, 1998.)
  65. 56195.9.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2.5. Governance [56195 - 56195.10] ( Chapter 2.5 added by Stats. 1997, Ch. 854, Sec. 12. ) ## ARTICLE 2. Local Requirements [56195.7 - 56195.10] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 12. )

    Verify source ↗

    A special education local plan must be developed and updated by a committee, and each special education local plan area must review its local plan at least every three years and update it as needed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 2.5. Governance [56195 - 56195.10] ( Chapter 2.5 added by Stats. 1997, Ch. 854, Sec. 12. ) ## ARTICLE 2. Local Requirements [56195.7 - 56195.10] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 12. ) ## 56195.9. (a) The plan for special education shall be developed and updated cooperatively by a committee of representatives of special and regular teachers and administrators selected by the groups they represent and with participation by parent members of the community advisory committee, or parents selected by the community advisory committee, to ensure adequate and effective participation and communication. (b) Commencing July 1, 2020, a special education local plan area shall review its local plan at least once every three years and update as needed to ensure information contained within the plan remains relevant and accurate. This requirement shall not be construed to change the annual budget plan, annual service plan, and annual assurances support plan requirements that are contained in Section 56205. (Amended by Stats. 2018, Ch. 32, Sec. 92. (AB 1808) Effective June 27, 2018.)
  66. 56205.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.1. State Requirements [56205 - 56208] ( Article 1.1 added by Stats. 1997, Ch. 854, Sec. 15. )

    Verify source ↗

    A special education local plan area must keep required policies and plans in place, and its local plan must include an annual budget plan, annual service plan, and annual assurances support plan.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.1. State Requirements [56205 - 56208] ( Article 1.1 added by Stats. 1997, Ch. 854, Sec. 15. ) ## 56205. (a) Each special education local plan area submitting a local plan to the Superintendent under this part shall ensure, in conformity with Sections 1412(a) and 1413(a)(1) of Title 20 of the United States Code, and in accordance with Section 300.201 of Title 34 of the Code of Federal Regulations, that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing the following: (1) Free appropriate public education. (2) Full educational opportunity. (3) Child find and referral. (4) Individualized education programs, including development, implementation, review, and revision. (5) Least restrictive environment. (6) Procedural safeguards. (7) Annual and triennial assessments. (8) Confidentiality. (9) Transition from Subchapter III (commencing with Section 1431) of Title 20 of the United States Code to the preschool program. (10) Children in private schools. (11) Compliance assurances, including general compliance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), federal regulations relating thereto, and this part. (12) (A) A description of the governance and administration of the local plan, including identification of the governing body of a multidistrict local plan or the individual responsible for administration in a single district local plan, and of the elected officials to whom the governing body or individual is responsible. (B) A description of the regionalized operations and services listed in Section 56836.23 and the direct instructional support provided by program specialists in accordance with Section 56368 to be provided through the local plan. (C) Verification that a community advisory committee has been established pursuant to Section 56190. (D) Multidistrict local plans, submitted pursuant to subdivision (b) or (c) of Section 56195.1, shall do the following: (i) Specify the responsibilities of each participating county office and district governing board in the policymaking process, the responsibilities of the superintendents of each participating district and county in the implementation of the local plan, and the responsibilities of district and county administrators of special education in coordinating the administration of the local plan. (ii) Identify the respective roles of the administrative unit and the administrator of the special education local plan area and the individual local educational agencies within the special education local plan area in relation to the following: (I) The hiring, supervision, evaluation, and discipline of the administrator of the special education local plan area and staff employed by the administrative unit in support of the local plan. (II) The allocation from the state of federal and state funds to the special education local plan area administrative unit or to local educational agencies within the special education local plan area. (III) The operation of special education programs. (IV) Monitoring the appropriate use of federal, state, and local funds allocated for special education programs. (V) The preparation of program and fiscal reports required of the special education local plan area by the state. (iii) Include copies of joint powers agreements or contractual agreements, as appropriate, for districts and counties that elect to enter into those agreements pursuant to subdivision (b) or (c) of Section 56195.1. (E) The description of the governance and administration of the local plan, and the policymaking process, shall be consistent with subdivision (f) of Section 56001, subdivision (a) of Section 56195.3, and Section 56195.9, and shall reflect a schedule of regular consultations regarding policy and budget development with representatives of special education and regular education teachers and administrators selected by the groups they represent and parent members of the community advisory committee established pursuant to Article 7 (commencing with Section 56190) of Chapter 2. (13) Personnel qualifications to ensure that personnel, including special education teachers and personnel and paraprofessionals providing related services, necessary to implement this part are appropriately and adequately prepared and trained in accordance with Sections 56058 and 56070 and Sections 1412(a)(14) and 1413(a)(3) of Title 20 of the United States Code. (14) Performance goals and indicators. (15) Participation in state and districtwide assessments, including assessments described under Section 1111 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.) and alternate assessments in accordance with Section 1412(a)(16) of Title 20 of the United States Code, and reports relating to assessments. (16) Supplementation of state, local, and other federal funds, including nonsupplantation of funds. (17) Maintenance of financial effort. (18) Opportunities for public participation before adoption of policies and procedures. (19) Suspension and expulsion rates. (20) Access to instructional materials by blind individuals with exceptional needs and others with print disabilities in accordance with Section 1412(a)(23) of Title 20 of the United States Code. (21) Overidentification and disproportionate representation by race and ethnicity of children as individuals with exceptional needs, including children with disabilities with a particular impairment described in Section 1401 of Title 20 of the United States Code and in accordance with Section 1412(a)(24) of Title 20 of the United States Code. (22) Prohibition of mandatory medication use pursuant to Section 56040.5 and in accordance with Section 1412(a)(25) of Title 20 of the United States Code. (b) Each local plan submitted to the Superintendent under this part shall also contain all the following: (1) An annual budget plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the local plan area at least 15 days before the hearing. The annual budget plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and Section 56195.9. The annual budget plan shall identify expected expenditures for all items required by this part which shall include, but not be limited to, the following: (A) A description of the special education local plan area’s allocation plan in accordance with Chapter 7.2 (commencing with Section 56836), including funds apportioned to the administrative unit of the special education local plan area. (B) All revenues by revenue source received by the special education local plan area specifically for the purpose of special education, including any property taxes allocated to the special education local plan area as designated in Section 2572. (C) A breakdown of the distribution of funds to each local educational agency within the special education local plan area. (D) A description of projected total special education expenditures by local educational agency, including supplemental aids and services to meet the individual needs of pupils placed in regular education classrooms and environments and special education services to pupils with low incidence disabilities. (E) A description of projected total expenditures by the special education local plan area and the local educational agencies within the special education local plan area by standardized account code structure object code. (F) A description of projected funding to be received specifically for regionalized operations and a breakdown of projected special education local plan area operating expenditures by standardized account code structure object code. (2) An annual service plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least 15 days before the hearing. The annual service plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and with Section 56195.9. The annual service plan shall include a description of services to be provided by each local educational agency, including the nature of the services and the physical location at which the services will be provided, including alternative schools, opportunity schools and classes, community day schools operated by districts, community schools operated by county offices, and juvenile court schools, regardless of whether the local educational agency is participating in the local plan. This description shall demonstrate that all individuals with exceptional needs shall have access to services and instruction appropriate to meet their needs as specified in their individualized education programs. (3) An annual assurances support plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least 15 days before the hearing. The annual assurances support plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and with Section 56195.9. The annual assurances support plan shall meet the requirements of subdivision (c) of Section 56122. (4) A description of programs for early childhood special education from birth through five years of age. (5) A description of the method by which members of the public, including parents or guardians of individuals with exceptional needs who are receiving services under the local plan, may address questions or concerns to the governing body or individual identified in subparagraph (A) of paragraph (12) of subdivision (a). (6) A description of a dispute resolution process, including mediation and final and binding arbitration to resolve disputes over the distribution of funding, the responsibility for service provision, and the other governance activities specified within the local plan. (7) Verification that the local plan has been reviewed by the community advisory committee and that the committee had at least 30 days to conduct this review before submission of the local plan to the Superintendent. (8) A description of the process being utilized to meet the requirements of Section 56303. (c) A description of the process being utilized to oversee and evaluate placements in nonpublic, nonsectarian schools and the method of ensuring that all requirements of each pupil’s individualized education program are being met. The description shall include a method for evaluating whether the pupil is making appropriate educational progress. (d) The local plan, budget plan, annual service plan, and annual assurances support plan shall adhere to the guidelines established pursuant to Section 56122, and shall be written in language that is understandable to the general public. (Amended by Stats. 2018, Ch. 32, Sec. 93. (AB 1808) Effective June 27, 2018.)
  67. 56205.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.1. State Requirements [56205 - 56208] ( Article 1.1 added by Stats. 1997, Ch. 854, Sec. 15. )

    Verify source ↗

    Certain local education officials must post specified special education plans on their websites, keep complete copies on file, and make them accessible to interested parties.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.1. State Requirements [56205 - 56208] ( Article 1.1 added by Stats. 1997, Ch. 854, Sec. 15. ) ## 56205.5. (a) The superintendent or other chief administrator of a local educational agency shall post on the Internet Web site of the local educational agency any local plan, annual budget plan, annual service plan, and annual assurances support plan upon approval of the special education local plan area, and any updates or revisions to the plans upon approval of the special education local plan area. (b) A county superintendent of schools shall do both of the following: (1) Post on the Internet Web site of the county office any local plan, annual budget plan, annual service plan, and annual assurances support plan upon approval of the county office, and any updates or revisions to the plans upon approval of the county office. (2) Post on the Internet Web site of the county office all local plans submitted by special education local plan areas in the county, or links to those plans. (c) A complete copy of the local plan, annual budget plan, annual service plan, annual assurances support plan, and policies and procedures shall be held on file in the special education local plan area office and at each participating local educational agency, and shall be accessible to any interested party. (Added by Stats. 2018, Ch. 32, Sec. 94. (AB 1808) Effective June 27, 2018.)
  68. 56206.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.1. State Requirements [56205 - 56208] ( Article 1.1 added by Stats. 1997, Ch. 854, Sec. 15. )

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    Each special education local plan area must explain how it will distribute specialized equipment and services in its local plan.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.1. State Requirements [56205 - 56208] ( Article 1.1 added by Stats. 1997, Ch. 854, Sec. 15. ) ## 56206. As a part of the local plan submitted pursuant to Section 56205, each special education local plan area shall describe how specialized equipment and services will be distributed within the local plan area in a manner that minimizes the necessity to serve pupils in isolated sites and maximizes the opportunities to serve pupils in the least restrictive environments. (Added by Stats. 1997, Ch. 854, Sec. 15. Effective January 1, 1998.)
  69. 56207.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.1. State Requirements [56205 - 56208] ( Article 1.1 added by Stats. 1997, Ch. 854, Sec. 15. )

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    School programs and services already operating in certain districts or county offices generally cannot be transferred unless the local plan area has first made a transfer plan.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.1. State Requirements [56205 - 56208] ( Article 1.1 added by Stats. 1997, Ch. 854, Sec. 15. ) ## 56207. (a) No educational programs and services already in operation in school districts or a county office of education pursuant to Part 30 (commencing with Section 56000) shall be transferred to another school district or a county office of education or from a county office of education to a school district unless the special education local plan area has developed a plan for the transfer which addresses, at a minimum, all of the following: (1) Pupil needs. (2) The availability of the full continuum of services to affected pupils. (3) The functional continuation of the current individualized education programs of all affected pupils. (4) The provision of services in the least restrictive environment from which affected pupils can benefit. (5) The maintenance of all appropriate support services. (6) The assurance that there will be compliance with all federal and state laws and regulations and special education local plan area policies. (7) The means through which parents and staff were represented in the planning process. (b) The date on which the transfer will take effect may be no earlier than the first day of the second fiscal year beginning after the date on which the sending or receiving agency has informed the other agency and the governing body or individual identified in subparagraph (A) of paragraph (12) of subdivision (a) of Section 56205, unless the governing body or individual identified in subparagraph (A) of paragraph (12) of subdivision (a) of Section 56205 unanimously approves the transfer taking effect on the first day of the first fiscal year following that date. (c) If either the sending or receiving agency disagree with the proposed transfer, the matter shall be resolved by the alternative resolution process established pursuant to paragraph (5) of subdivision (b) of Section 56205. (d) Notwithstanding Section 56208, this section shall apply to all special education local plan areas commencing on July 1, 1998, whether or not a special education local plan area has submitted a revised local plan for approval or has an approved revised local plan pursuant to Section 56836.03. (Amended by Stats. 2001, Ch. 734, Sec. 55. Effective October 11, 2001.)
  70. 56207.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.1. State Requirements [56205 - 56208] ( Article 1.1 added by Stats. 1997, Ch. 854, Sec. 15. )

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    A charter school’s request to join a special education local plan area as a local educational agency cannot be treated differently from a similar school district request, and approved requests must follow specified funding and governance rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.1. State Requirements [56205 - 56208] ( Article 1.1 added by Stats. 1997, Ch. 854, Sec. 15. ) ## 56207.5. A request by a charter school to participate as a local educational agency in a special education local plan area may not be treated differently from a similar request made by a school district. In reviewing and approving a request by a charter school to participate as a local educational agency in a special education local plan area, the following requirements shall apply: (a) The special education local plan area shall comply with Section 56140. (b) The charter school shall participate in state and federal funding for special education and the allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section 56836.05 in the same manner as other local educational agencies of the special education local plan area. (c) The charter school shall participate in governance of the special education local plan area in the same manner as other local educational agencies of the special education local plan area. (Added by Stats. 1999, Ch. 78, Sec. 44.6. Effective July 7, 1999.)
  71. 56208.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.1. State Requirements [56205 - 56208] ( Article 1.1 added by Stats. 1997, Ch. 854, Sec. 15. )

    Verify source ↗

    This article applies to special education local plan areas when they submit a revised local plan for approval or already have an approved revised local plan under Section 56836.03.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.1. State Requirements [56205 - 56208] ( Article 1.1 added by Stats. 1997, Ch. 854, Sec. 15. ) ## 56208. This article shall apply to special education local plan areas that are submitting a revised local plan for approval pursuant to Section 56836.03 or that have an approved revised local plan pursuant to Section 56836.03. (Added by Stats. 1997, Ch. 854, Sec. 15. Effective January 1, 1998.)
  72. 56211.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.5. Special Education Local Plan Areas with Small or Sparse Populations [56211 - 56214] ( Article 1.5 added by Stats. 1990, Ch. 1135, Sec. 1. )

    Verify source ↗

    A qualifying special education local plan area may request special designation in its local plan application if it meets the listed conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.5. Special Education Local Plan Areas with Small or Sparse Populations [56211 - 56214] ( Article 1.5 added by Stats. 1990, Ch. 1135, Sec. 1. ) ## 56211. A special education local plan area submitting a local plan, pursuant to subdivision (c) of Section 56195.1, which includes all of the school districts located in the county or counties submitting the plan, except those participating in a countywide special education local plan area located in an adjacent county, and which meets the criteria for special education local plan areas with small populations set forth in Section 56212, is eligible to request that designation in its local plan application. This section shall become operative on July 1, 1998. (Amended (as added by Stats. 1997, Ch. 854, Sec. 18) by Stats. 1998, Ch. 89, Sec. 33. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
  73. 56212.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.5. Special Education Local Plan Areas with Small or Sparse Populations [56211 - 56214] ( Article 1.5 added by Stats. 1990, Ch. 1135, Sec. 1. )

    Verify source ↗

    An eligible special education local plan area may request designation as a necessary small special education local plan area if it meets the attendance and district-participation conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.5. Special Education Local Plan Areas with Small or Sparse Populations [56211 - 56214] ( Article 1.5 added by Stats. 1990, Ch. 1135, Sec. 1. ) ## 56212. An eligible special education local plan area, which submits a local plan under the provisions of Section 56211, may request designation as a necessary small special education local plan area if its total reported units of average daily attendance in kindergarten and grades 1 to 12, inclusive, is less than 15,000, and if it includes all of the school districts located in the county or counties participating in the local plan, except those districts participating in a countywide special education local plan area located in an adjacent county that also meets the criteria of this section. This section shall become operative on July 1, 1998. (Amended (as added by Stats. 1997, Ch. 854, Sec. 20) by Stats. 1998, Ch. 89, Sec. 34. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
  74. 56214.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.5. Special Education Local Plan Areas with Small or Sparse Populations [56211 - 56214] ( Article 1.5 added by Stats. 1990, Ch. 1135, Sec. 1. )

    Verify source ↗

    A necessary small special education local plan area must receive extra funding starting in the 2020–21 fiscal year and continuing each year after that.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1.5. Special Education Local Plan Areas with Small or Sparse Populations [56211 - 56214] ( Article 1.5 added by Stats. 1990, Ch. 1135, Sec. 1. ) ## 56214. For the 2020–21 fiscal year and each fiscal year thereafter, a necessary small special education local plan area, as described in Section 56212, shall receive, in addition to the funding it received in the 2019–20 fiscal year, an additional funding amount equal to the sum of both of the following: (a) The amount it received in the 2019–20 fiscal year pursuant to subdivision (b) of Section 56213, as that section read on January 1, 2020. (b) A proportional share of any additional funding provided for this purpose in the annual Budget Act. (Added by Stats. 2020, Ch. 24, Sec. 65. (SB 98) Effective June 29, 2020.)
  75. 56240.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Staff Development [56240 - 56245] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Staff development programs must be provided for several categories of education personnel and related participants, and coordinated with other staff development programs in the local plan area.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Staff Development [56240 - 56245] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56240. Staff development programs shall be provided for regular and special education teachers, administrators, certificated and classified employees, volunteers, community advisory committee members and, as appropriate, members of the district and county governing boards. The programs shall be coordinated with other staff development programs in the special education local plan area, including school level staff development programs authorized by state and federal law. (Amended by Stats. 2007, Ch. 56, Sec. 33. Effective January 1, 2008.)
  76. 56241.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Staff Development [56240 - 56245] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Staff development programs must include several required features, including participation opportunities, teacher-led design, varied activities, scheduled time, ongoing evaluation, administrative participation, and a budget for reasonable expenses.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Staff Development [56240 - 56245] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56241. Staff development programs shall include, but not be limited to, all the following: (a) Provision of opportunities for all school personnel, paraprofessionals, and volunteers to participate in ongoing development activities pursuant to a systematic identification of pupil and personnel needs. (b) Be designed and implemented by classroom teachers and other participating school personnel, including the school principal. Teachers shall comprise the majority of any group designated to design local staff development programs for instructional personnel to be established pursuant to this part. Positive efforts shall be made to ensure the individuals with exceptional needs and parents of such individuals are involved in the design and implementation of staff development programs. (c) Allowance for diversity in development activities, including, but not limited to, small groups, self-directed learning, and systematic observation during visits to other classrooms or schools. (d) Scheduling of time which is set aside for such purpose throughout the school year, including, but not limited to, time when participating school personnel are released from their regular duties. (e) Evaluation and modification on a continuing basis by participating school personnel with the aid of outside personnel, as necessary. (f) Inclusion of the school principal and other administrative personnel as active participants in one or more staff development activities implemented pursuant to this chapter. (g) Provision of a budget for reasonable and necessary expenses, relating to staff development programs. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  77. 56243.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Staff Development [56240 - 56245] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The Legislature states that local educational agencies should provide regular classroom teachers serving individuals with exceptional needs appropriate training every year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Staff Development [56240 - 56245] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56243. It is the intent of the Legislature, pursuant to this article, that a local educational agency provide regular classroom teachers serving individuals with exceptional needs appropriate training each year relating to the needs of those individuals. (Amended by Stats. 2007, Ch. 56, Sec. 34. Effective January 1, 2008.)
  78. 56244.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Staff Development [56240 - 56245] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The superintendent must provide staff development to child care center staff and family day care providers, as far as possible and using funds appropriated for that purpose.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Staff Development [56240 - 56245] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56244. The superintendent shall, to the extent possible using federal and state funds appropriated for this purpose, provide staff development to child care center staff and family day care providers to improve child care services to individuals with exceptional needs. (Added by Stats. 1990, Ch. 1596, Sec. 6.)
  79. 56245.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Staff Development [56240 - 56245] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The Legislature encourages local educational agencies to include training on identifying specific learning disabilities, including dyslexia, and on teaching strategies for them in in-service programs for regular and special education teachers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 3. Elements of the Local Plan [56205 - 56245] ( Chapter 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Staff Development [56240 - 56245] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56245. The Legislature encourages the inclusion, in local in-service training programs for regular education teachers and special education teachers in local educational agencies, of a component on the recognition of, and teaching strategies for, specific learning disabilities, including dyslexia and related disorders. (Amended by Stats. 2007, Ch. 56, Sec. 35. Effective January 1, 2008.)
  80. 56300.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Identification and Referral [56300 - 56305] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    A local educational agency must actively and systematically seek out individuals with exceptional needs ages birth through 21, including children not enrolled in public school programs, within the specified school-district or education-agency jurisdiction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Identification and Referral [56300 - 56305] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56300. A local educational agency shall actively and systematically seek out all individuals with exceptional needs, from birth to 21 years of age, inclusive, including children not enrolled in public school programs, who reside in a school district or are under the jurisdiction of a special education local plan area or a county office of education. (Amended by Stats. 2008, Ch. 179, Sec. 56. Effective January 1, 2009.)
  81. 56301.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Identification and Referral [56300 - 56305] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section requires child find efforts for children with disabilities, including private school, homeless, and ward-of-the-state children, and sets rules for notices, record coordination, and local policies.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Identification and Referral [56300 - 56305] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56301. (a) All children with disabilities residing in the state, including children with disabilities who are homeless children or are wards of the state and children with disabilities attending private, including religious, elementary and secondary schools, regardless of the severity of their disabilities, and who are in need of special education and related services, shall be identified, located, and assessed and a practical method is developed and implemented to determine which children with disabilities are currently receiving needed special education and related services as required by Sections 1412(a)(3) and 1412(a)(10)(A)(ii) of Title 20 of the United States Code. A child is not required to be classified by their disability so long as each child who has a disability listed in Section 1401(3) of Title 20 of the United States Code and who, by reason of that disability, needs special education and related services as an individual with exceptional needs defined in Section 56026. (b) (1) In accordance with Section 300.111(c) of Title 34 of the Code of Federal Regulations, the requirements of this section also apply to highly mobile individuals with exceptional needs, including migrant children, and children who are suspected of being an individual with exceptional needs pursuant to Section 56026 and in need of special education, even though they are advancing from grade to grade. (2) In accordance with Section 300.213 of Title 34 of the Code of Federal Regulations, the local educational agency shall cooperate in the efforts of the federal Secretary of Education, under Section 6398 of Title 20 of the United States Code, to ensure the linkage of records pertaining to migratory children with disabilities for the purpose of electronically exchanging, among other states, health and educational information regarding those children. (c) (1) The child find process shall ensure the equitable participation in special education and related services of parentally placed private schoolchildren with disabilities and an accurate count of those children. Child find activities conducted by local educational agencies, or where applicable, the department, shall be similar to those activities undertaken for pupils in public schools. (2) In accordance with Section 1412(a)(10)(A)(ii)(IV) of Title 20 of the United States Code, the cost of the child find activities in private, including religious, elementary and secondary schools, may not be considered in determining whether a local educational agency has met its obligations under the proportionate funding provisions for children enrolled in private, including religious, elementary and secondary schools. (3) The child find process described in paragraph (1) shall be completed in a time period comparable to that for other pupils attending public schools in the local educational agency. (d) (1) Each special education local plan area shall establish written policies and procedures pursuant to Section 56205 for use by its constituent local agencies for a continuous child find system that addresses the relationships among identification, screening, referral, assessment, planning, implementation, review, and the triennial assessment. The policies and procedures shall include, but need not be limited to, written notification to all parents of their rights under this chapter, and the procedure for initiating a referral for assessment to identify individuals with exceptional needs. (2) In accordance with Section 1415(d)(1)(A) of Title 20 of the United States Code and Section 300.504(a) of Title 34 of the Code of Federal Regulations, parents and pupils shall be given a copy of their rights and procedural safeguards once every school year and at all of the following times: (A) Upon initial referral or parental request for assessment. (B) Upon receipt of the first state complaint under Section 56500.2 in a school year. (C) Upon receipt of the first due process hearing request under Section 56502 in a school year. (D) When a decision is made to make a removal that constitutes a change of placement of an individual with exceptional needs because of a violation of a code of pupil conduct in accordance with Section 300.530(h) of Title 34 of the Code of Federal Regulations. (E) Upon request by a parent or pupil. (3) A local educational agency may place a current copy of the procedural safeguards notice on its internet website, if the internet website exists, pursuant to Section 1415(d)(1)(B) of Title 20 of the United States Code. (4) The contents of the procedural safeguards notice shall contain the requirements listed in Section 1415(d)(2) of Title 20 of the United States Code and Section 300.504(c) of Title 34 of the Code of Federal Regulations. (e) Child find data collected pursuant to this chapter, or collected pursuant to a regulation or an interagency agreement, are subject to the confidentiality requirements of Sections 300.610 to 300.627, inclusive, of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2025, Ch. 579, Sec. 3. (SB 373) Effective January 1, 2026.)
  82. 56302.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Identification and Referral [56300 - 56305] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    A local educational agency must identify and assess an individual’s exceptional needs and plan an instructional program to meet those needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Identification and Referral [56300 - 56305] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56302. A local educational agency shall provide for the identification and assessment of the exceptional needs of an individual, and the planning of an instructional program to meet the assessed needs. Identification procedures shall include systematic methods of utilizing referrals of pupils from teachers, parents, agencies, appropriate professional persons, and from other members of the public. Identification procedures shall be coordinated with schoolsite procedures for referral of pupils with needs that cannot be met with modification of the regular instructional program. (Amended by Stats. 2008, Ch. 179, Sec. 57. Effective January 1, 2009.)
  83. 56302.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Identification and Referral [56300 - 56305] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    After parental consent for an assessment, the required determinations and the individualized education program meeting must happen within 60 days, unless an exception applies.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Identification and Referral [56300 - 56305] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56302.1. (a) Once a child has been referred for an initial assessment to determine whether the child is an individual with exceptional needs as defined in Section 56026 and to determine the educational needs of the child, these determinations shall be made, and an individualized education program meeting shall occur, within 60 days of receiving parental consent for the assessment in accordance with subparagraph (C) of paragraph (1) of subsection (a) of Section 1414 of Title 20 of the United States Code. (b) The 60-day time period does not apply to a local educational agency if either of the following occurs: (1) A child enrolls in a school served by the local educational agency after the relevant time period has commenced but prior to a determination by his or her previous local educational agency of whether the child is an individual with exceptional needs. The exemption of this paragraph applies only if the subsequent local educational agency is making sufficient progress to ensure a prompt completion of the assessment, and the parent and subsequent local educational agency agree to a specific date by which the assessment shall be completed. (2) The parent of a child repeatedly fails or refuses to produce the child for the assessment. (Added by Stats. 2005, Ch. 653, Sec. 16. Effective October 7, 2005.)
  84. 56302.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Identification and Referral [56300 - 56305] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    In this chapter, “assessment” means the same as “evaluation” under the Individuals with Disabilities Education Act, Section 1414.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Identification and Referral [56300 - 56305] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56302.5. The term “assessment,” as used in this chapter, shall have the same meaning as the term “evaluation” in the Individuals with Disabilities Education Act, as provided in Section 1414 of Title 20 of the United States Code. (Added by Stats. 1998, Ch. 691, Sec. 26. Effective January 1, 1999.)
  85. 56303.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Identification and Referral [56300 - 56305] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    A pupil may be referred for special educational instruction and services only after the regular education program’s resources have been considered and, when appropriate, used.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Identification and Referral [56300 - 56305] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56303. A pupil shall be referred for special educational instruction and services only after the resources of the regular education program have been considered and, where appropriate, utilized. (Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  86. 56304.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Identification and Referral [56300 - 56305] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Parents or guardians must be allowed to participate in certain special education meetings, and parents and local educational agencies may agree to use video or conference-call participation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Identification and Referral [56300 - 56305] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56304. (a) The parents or guardians of a pupil who has been referred for initial assessment, or of a pupil identified as an individual with exceptional needs, shall be afforded an opportunity to participate in meetings with respect to the identification, assessment, and educational placement, pursuant to Section 56342.5 and subdivisions (b) and (c) of Section 56341.5, of the pupil and with respect to the provision of a free appropriate public education, as provided in Section 300.501 of Title 34 of the Code of Federal Regulations. (b) In accordance with subsection (f) of Section 1414 of Title 20 of the United States Code, when conducting individualized education program meetings and placement meetings pursuant to this part, and when carrying out administrative matters under Chapter 5 (commencing with Section 56500), including scheduling exchange of witness lists and status conferences, the parent of an individual with exceptional needs and a local educational agency may agree to use alternative means of meeting participation, such as video conferences and conference calls. (Amended by Stats. 2005, Ch. 653, Sec. 17. Effective October 7, 2005.)
  87. 56305.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Identification and Referral [56300 - 56305] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The department must develop and post a guidance manual for local educational agencies about identifying and supporting English learners with exceptional needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 1. Identification and Referral [56300 - 56305] ( Article 1 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56305. (a) On or before July 1, 2019, the department shall develop a manual providing guidance to local educational agencies on identifying English learners as individuals with exceptional needs, classifying individuals with exceptional needs as English learners, supporting pupils who are both English learners and individuals with exceptional needs, and determining when such dually identified pupils should be either removed from classification as English learners or exited from special education. (b) The goal of the manual shall be to provide guidance, for voluntary use by local educational agencies, charter schools, and the state special schools, on evidence-based and promising practices for the identification, assessment, support, and reclassification of these pupils and to promote a collaborative approach among general education teachers, special education teachers, school administrators, paraprofessionals, other involved personnel, and parents in determining the most appropriate academic placements and services for these pupils. (c) In developing the manual, the department shall do both of the following: (1) Review manuals and other resources produced on this topic by local educational agencies, special education administrators, other organizations, other states, and the federal government. (2) Establish and consult with a stakeholder group comprised of experts and practitioners. These individuals shall have expertise or experience in either special education, English learner education, or in both. (d) The manual shall include all of the following topics: (1) Guidance for accurately identifying English learners suspected of being individuals with exceptional needs and accurately classifying individuals with exceptional needs as English learners, including guidance on avoiding overidentification and underidentification of these pupils for special education services and in different disability categories and in different grade spans. (2) Information on second language acquisition and progress, including guidance on distinguishing between language acquisition and disabilities. (3) Examples of prereferral strategies, early interventions, and early intervening strategies specifically addressing the needs of English learners, including examples of early interventions for pupils in preschool and the primary grades who are acquiring foundational language and literacy skills. (4) Guidance on referral processes. (5) Guidance on the use of assessments, including the use of multiple measures as well as assessment accommodations for both language and disability, including assessment accommodations in primary languages. (6) Guidance on the consideration of extrinsic factors, such as vision, hearing, and health, in the identification of pupils. (7) Guidance on the development of individualized education programs for English learners, including the composition of individualized education program teams. (8) Guidance on how to support the language and content learning needs of English learners who are individuals with exceptional needs, including how to do so in the least restrictive environment, as described in Section 56040.1, and in a manner that enables access to the core curriculum. (9) Guidance regarding placement or continued placement in bilingual programs and on providing services and instruction in primary languages. (10) Guidance on special education exit and English learner reclassification processes for English learners who are individuals with exceptional needs. (11) Information on the role of culture and acculturation, to the extent it is related to the process of identifying English learners for special education services. (12) Guidance for working with families, including guidance on meeting the needs of nonnative English speaking parents, guardians, and educational rights holders in special education proceedings. (13) Examples of any plans or processes used by local educational agencies for continuous evaluation and systemic review and guidance on sharing information between special education and English learner programs within local educational agencies for the purpose of tracking effectiveness, to the extent permitted under state and federal law regarding the privacy of pupil information. (14) State and federal law, regulations, and guidance related to the rights of English learners and individuals with exceptional needs. (e) All guidance in the manual shall be consistent with state and federal law, regulations, and guidance regarding English learners and special education. (f) The manual shall be written for ease of use by educators. The department is encouraged to incorporate features such as flowcharts, checklists, sample forms, and case examples. (g) The department shall post the manual on its Internet Web site and on its professional development Internet Web site. (h) For purposes of this section, the following terms have the following meanings: (1) “English learners” has the same definition as in subdivision (a) of Section 435. (2) “Individuals with exceptional needs” has the same definition as in Section 56026. (3) “Reclassification,” with respect to an English learner, means the procedures described in Section 11303 of Title 5 of the California Code of Regulations. (i) (1) (A) In implementing this section, the department, with input from the stakeholder group, shall develop a plan for the dissemination of the manual and the means of providing professional development on the content of the manual. The plan shall address how the state and local educational agencies can collaborate in meeting both of these objectives in a cost-effective manner. (B) Implementation of the plan developed pursuant to subparagraph (A) shall be contingent upon an appropriation for that purpose in the annual Budget Act or another enacted statute. (2) The plan shall be submitted to the state board, the Department of Finance, the Legislative Analyst’s Office, the California Collaborative for Educational Excellence, the Advisory Commission on Special Education, and the appropriate policy and fiscal committees of the Legislature on or before July 1, 2019. (j) It is the intent of the Legislature that this section be funded with federal funds, to the extent permissible. (Amended by Stats. 2018, Ch. 507, Sec. 13. (SB 816) Effective January 1, 2019.)
  88. 56320.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Before initial special education placement, a qualified-person assessment of the pupil’s educational needs must be done, and local educational agencies must coordinate transfer assessments.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56320. Before any action is taken with respect to the initial placement of an individual with exceptional needs in special education instruction, an individual assessment of the pupil’s educational needs shall be conducted, by qualified persons, in accordance with requirements including, but not limited to, all of the following: (a) Testing and assessment materials and procedures used for the purposes of assessment and placement of individuals with exceptional needs are selected and administered so as not to be racially, culturally, or sexually discriminatory. Pursuant to Section 1412(a)(6)(B) of Title 20 of the United States Code, the materials and procedures shall be provided in the pupil’s native language or mode of communication, unless it is clearly not feasible to do so. (b) Tests and other assessment materials meet all of the following requirements: (1) Are provided and administered in the language and form most likely to yield accurate information on what the pupil knows and can do academically, developmentally, and functionally, unless it is not feasible to so provide or administer as required by Section 1414(b)(3)(A)(ii) of Title 20 of the United States Code. (2) Are used for purposes for which the assessments or measures are valid and reliable. (3) Are administered by trained and knowledgeable personnel and are administered in accordance with any instructions provided by the producer of the assessments, except that individually administered tests of intellectual or emotional functioning shall be administered by a credentialed school psychologist. (c) Tests and other assessment materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient. (d) Tests are selected and administered to best ensure that when a test administered to a pupil with impaired sensory, manual, or speaking skills produces test results that accurately reflect the pupil’s aptitude, achievement level, or any other factors the test purports to measure and not the pupil’s impaired sensory, manual, or speaking skills unless those skills are the factors the test purports to measure. (e) Pursuant to Section 1414(b)(2)(B) of Title 20 of the United States Code, no single measure or assessment is used as the sole criterion for determining whether a pupil is an individual with exceptional needs or determining an appropriate educational program for the pupil. (f) The pupil is assessed in all areas related to the suspected disability including, if appropriate, health and development, vision, including low vision, hearing, motor abilities, language function, general intelligence, academic performance, communicative status, self-help, orientation and mobility skills, career and vocational abilities and interests, and social and emotional status. A developmental history shall be obtained, when appropriate. For pupils with residual vision, a low vision assessment shall be provided in accordance with guidelines established pursuant to Section 56136. In assessing each pupil under this article, the assessment shall be conducted in accordance with Sections 300.304 and 300.305 of Title 34 of the Code of Federal Regulations. (g) The assessment of a pupil, including the assessment of a pupil with a suspected low incidence disability, shall be conducted by persons knowledgeable of that disability. Special attention shall be given to the unique educational needs, including, but not limited to, skills and the need for specialized services, materials, and equipment consistent with guidelines established pursuant to Section 56136. (h) As part of an initial assessment, if appropriate, and as part of any reassessment under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and this part, the group that includes members of the individualized education program team, and other qualified professionals, as appropriate, shall follow the procedures specified in Section 1414(c) of Title 20 of the United States Code. The group may conduct its review without a meeting. (i) Each local educational agency shall ensure that assessments of individuals with exceptional needs who transfer from one district to another district in the same academic year are coordinated with the individual’s prior and subsequent schools, as necessary and as expeditiously as possible, in accordance with Section 1414(b)(3)(D) of Title 20 of the United States Code, to ensure prompt completion of the full assessment. (Amended by Stats. 2007, Ch. 56, Sec. 38. Effective January 1, 2008.)
  89. 56320.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Identification, evaluation, and assessment procedures for certain children under age three must follow Chapter 4.4 and the California Early Intervention Services Act.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56320.1. All identification, evaluation, and assessment procedures for individuals with exceptional needs who are younger than three years of age shall be provided pursuant to Chapter 4.4 (commencing with Section 56425) and the California Early Intervention Services Act, Title 14 (commencing with Section 95000) of the Government Code. (Added by Stats. 1993, Ch. 1296, Sec. 14.4. Effective October 11, 1993.)
  90. 56321.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Before an initial special education assessment, the local educational agency must try to get parental consent, give parents a proposed assessment plan, and keep the parent or guardian’s decision window open for at least 15 days.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56321. (a) If an assessment for the development or revision of the individualized education program is to be conducted, the parent or guardian of the pupil shall be given, in writing, a proposed assessment plan within 15 days of the referral for assessment not counting days between the pupil’s regular school sessions or terms or days of school vacation in excess of five schooldays from the date of receipt of the referral, unless the parent or guardian agrees, in writing, to an extension. However, in any event, the assessment plan shall be developed within 10 days after the commencement of the subsequent regular school year or the pupil’s regular school term as determined by each district’s school calendar for each pupil for whom a referral has been made 10 days or less prior to the end of the regular school year. In the case of pupil school vacations, the 15-day time shall recommence on the date that the pupil’s regular schooldays reconvene. A copy of the notice of a parent’s or guardian’s rights shall be attached to the assessment plan. A written explanation of all the procedural safeguards under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and the rights and procedures contained in Chapter 5 (commencing with Section 56500), shall be included in the notice of a parent’s or guardian’s rights, including information on the procedures for requesting an informal meeting, prehearing mediation conference, mediation conference, or due process hearing; the timelines for completing each process; whether the process is optional; and the type of representative who may be invited to participate. (b) The proposed assessment plan given to parents or guardians shall meet all the following requirements: (1) Be in language easily understood by the general public. (2) Be provided in the native language of the parent or guardian or other mode of communication used by the parent or guardian, unless to do so is clearly not feasible. (3) Explain the types of assessments to be conducted. (4) State that no individualized education program will result from the assessment without the consent of the parent. (c) (1) The local educational agency proposing to conduct an initial assessment to determine if the child qualifies as an individual with exceptional needs shall make reasonable efforts to obtain informed consent from the parent of the child before conducting the assessment, in accordance with Section 1414(a)(1)(D) of Title 20 of the United States Code. (2) If the parent of the child does not provide consent for an initial assessment, or the parent fails to respond to a request to provide the consent, the local educational agency may, but is not required to, pursue the initial assessment utilizing the procedures described in Section 1415 of Title 20 of the United States Code and in accordance with paragraph (3) of subdivision (a) of Section 56501 and subdivision (e) of Section 56506. (3) In accordance with Section 300.300(a)(3)(ii) of Title 34 of the Code of Federal Regulations, the local educational agency does not violate its obligation under Section 300.111 and Sections 300.301 to 300.311, inclusive, of Title 34 of the Code of Federal Regulations if it declines to pursue the assessment. (4) The parent or guardian shall have at least 15 days from the receipt of the proposed assessment plan to arrive at a decision. The assessment may begin immediately upon receipt of the consent. (d) Consent for initial assessment shall not be construed as consent for initial placement or initial provision of special education and related services to an individual with exceptional needs, pursuant to Section 1414(a)(1)(D)(i)(I) of Title 20 of the United States Code. (e) In accordance with Section 300.300(d)(1) of Title 34 of the Code of Federal Regulations, parental consent is not required before reviewing existing data as part of an assessment or reassessment, or before administering a test or other assessment that is administered to all children, unless before administration of that test or assessment, consent is required of the parents of all the children. (f) Pursuant to Section 1414(a)(1)(E) of Title 20 of the United States Code, the screening of a pupil by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an assessment for eligibility for special education and related services. (g) In accordance with Section 300.300(d)(5) of Title 34 of the Code of Federal Regulations, to meet the reasonable efforts requirement in subdivision (c), the local educational agency shall document its attempts to obtain parental consent using the procedures in subdivision (h) of Section 56341.5. (Amended by Stats. 2007, Ch. 454, Sec. 15. Effective October 10, 2007.)
  91. 56321.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    If a child is a ward of the state and not living with a parent, the agency must make reasonable efforts to get the parent’s informed consent for an initial assessment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56321.1. If the child is a ward of the state and is not residing with his or her parent, the agency shall, pursuant to clause (iii) of subparagraph (D) of paragraph (1) of subsection (a) of Section 1414 of Title 20 of the United States Code, make reasonable efforts to obtain the informed consent from the parent, as defined in Section 56028, of the child for an initial assessment to determine whether the child is an individual with exceptional needs. (Added by Stats. 2005, Ch. 653, Sec. 20. Effective October 7, 2005.)
  92. 56321.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The notice of parent rights must include the parent’s right to electronically record IEP team meetings, as specified elsewhere in the code.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56321.5. The copy of the notice of parent rights shall include the right to electronically record the proceedings of individualized education program team meetings as specified in subdivision (g) of Section 56341.1. (Amended by Stats. 2007, Ch. 56, Sec. 39. Effective January 1, 2008.)
  93. 56321.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    A copy of the notice of parent rights must include information about state special schools for pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56321.6. The copy of the notice of parent rights shall include information regarding the state special schools for pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind. (Added by Stats. 2008, Ch. 245, Sec. 1. Effective January 1, 2009.)
  94. 56322.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The assessment must be conducted by persons competent to perform it, as determined by the local educational agency.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56322. The assessment shall be conducted by persons competent to perform the assessment, as determined by the local educational agency. (Amended by Stats. 2007, Ch. 56, Sec. 40. Effective January 1, 2008.)
  95. 56323.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    A pupil may be admitted to special education instruction only under the rules in this article and Article 2.5, the board’s standards, and a recommendation from the individualized education program team.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56323. Admission of a pupil to special education instruction shall be made only in accordance with this article, Article 2.5 (commencing with Section 56333) and standards established by the board and upon a recommendation by the individualized education program team. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
  96. 56324.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Psychological and health assessments of pupils must follow Section 56320 and be done by qualified, credentialed professionals trained to consider cultural and ethnic factors.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56324. (a) Any psychological assessment of pupils shall be made in accordance with Section 56320 and shall be conducted by a credentialed school psychologist who is trained and prepared to assess cultural and ethnic factors appropriate to the pupil being assessed. (b) Any health assessment of pupils shall be made in accordance with Section 56320 and shall be conducted by a credentialed school nurse or physician who is trained and prepared to assess cultural and ethnic factors appropriate to the pupil being assessed. (Amended by Stats. 1980, Ch. 1353, Sec. 53. Effective September 30, 1980.)
  97. 56325.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    This section requires schools to keep special education services and IEP handling in place when a pupil with exceptional needs transfers schools, including short-term service continuation, record transfer, and funding rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56325. (a) (1) As required by subclause (I) of clause (i) of subparagraph (C) of paragraph (2) of subsection (d) of Section 1414 of Title 20 of the United States Code, the following shall apply to special education programs for individuals with exceptional needs who transfer from district to district within the state. In the case of an individual with exceptional needs who has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which the individual with exceptional needs was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law. (2) In the case of an individual with exceptional needs who has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which the individual with exceptional needs was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with federal and state law. (3) (A) As required by subclause (II) of clause (i) of subparagraph (C) of paragraph (2) of subsection (d) of Section 1414 of Title 20 of the United States Code, the following shall apply to special education programs for individuals with exceptional needs who transfer from an educational agency located outside the State of California to a district within California. In the case of an individual with exceptional needs who transfers from district to district within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents, until the local educational agency conducts an assessment pursuant to paragraph (1) of subsection (a) of Section 1414 of Title 20 of the United States Code, if determined to be necessary by the local educational agency, and develops a new individualized education program, if appropriate, that is consistent with federal and state law. (B) (i) For purposes of subparagraph (A), a local educational agency shall, within 30 days of receipt of official or unofficial records, either adopt and implement the individualized education program previously adopted for the pupil or develop, adopt, and implement a new individualized education program for the pupil that is consistent with federal and state law, if applicable. (ii) For purposes of clause (i), “unofficial records” has the same meaning as described in subdivision (A) of Article IV of the Interstate Compact on Educational Opportunity for Military Children, as specified in Section 49701. (b) (1) To facilitate the transition for an individual with exceptional needs described in subdivision (a), the new school in which the individual with exceptional needs enrolls shall take reasonable steps to promptly obtain the pupil’s records, including the individualized education program and supporting documents and any other records relating to the provision of special education and related services to the pupil, from the previous school in which the pupil was enrolled, pursuant to paragraph (2) of subsection (a) of Section 99.31 of Title 34 of the Code of Federal Regulations and consistent with the Interstate Compact on Educational Opportunity for Military Children, as specified in subdivision (A) of Article I, subdivision (E) of Article II, and subdivisions (B) and (C) of Article V of Section 49701, as applicable. (2) The previous school in which the individual with exceptional needs was enrolled shall take reasonable steps to promptly respond to the request from the new school. (3) The new school in which the individual with exceptional needs enrolls shall accept unofficial records provided by the pupil’s parent or guardian pending validation by the official records, consistent with the requirements of the Interstate Compact on Educational Opportunity for Military Children, as specified in subdivision (A) of Article I, subdivision (E) of Article II, and subdivisions (B) and (C) of Article V of Section 49701, as applicable. (c) If whenever a pupil described in subdivision (a) was placed and residing in a residential nonpublic, nonsectarian school, prior to transferring to a district in another special education local plan area, and this placement is not eligible for funding pursuant to Section 56836.165, the special education local plan area that contains the district that made the residential nonpublic, nonsectarian school placement is responsible for the funding of the placement, including related services, for the remainder of the school year. An extended year session is included in the school year in which the session ends. (Amended by Stats. 2025, Ch. 453, Sec. 2. (AB 1412) Effective January 1, 2026.)
  98. 56326.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    A pupil may be referred for further assessment and recommendations to the California Schools for the Deaf or Blind or the Diagnostic Centers, as appropriate.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56326. A pupil may be referred, as appropriate, for further assessment and recommendations to the California Schools for the Deaf or Blind or the Diagnostic Centers. (Amended by Stats. 1992, Ch. 759, Sec. 30. Effective September 21, 1992.)
  99. 56326.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The department and related education bodies must create and share resources and assessment tools for deaf and hard-of-hearing children, and the department must report annually on language and literacy development.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56326.5. (a) The department’s Deaf and Hard of Hearing unit and the California School for the Deaf shall jointly select language developmental milestones from existing standardized norms, pursuant to the process specified in subdivision (d), for purposes of developing a resource for use by parents to monitor and track deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. This parent resource shall: (1) Include the language developmental milestones selected pursuant to the process specified in subdivision (d). (2) Be appropriate for use, in both content and administration, with deaf and hard-of-hearing children from birth to five years of age, inclusive, who use both or one of the languages of American Sign Language (ASL) and English. For purposes of this section, “English” includes spoken English, written English, or English with the use of visual supplements. (3) Present the developmental milestones in terms of typical development of all children, by age range. (4) Be written for clarity and ease of use by parents. (5) Be aligned to the department’s existing infant, toddler, and preschool guidelines, the existing instrument used to assess the development of children with disabilities pursuant to federal law, and state standards in English language arts. (6) Make clear that the parent resource is not a formal assessment of language and literacy development, and that a parent’s observations of their children may differ from formal assessment data presented at an individualized family service plan (IFSP) or individualized education program (IEP) meeting. (7) Make clear that a parent may bring the parent resource to an IFSP or IEP meeting for purposes of sharing their observations about their child’s development. (b) The department shall also select existing tools or assessments for educators that can be used to assess the language and literacy development of deaf and hard-of-hearing children. These educator tools or assessments: (1) Shall be in a format that shows stages of language development. (2) Shall be selected for use by educators to track the development of deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. (3) Shall be selected from existing instruments or assessments used to assess the development of all children from birth to five years of age, inclusive. (4) Shall be appropriate, in both content and administration, for use with deaf and hard-of-hearing children. (5) May be used, in addition to the assessment required by federal law, by the child’s IFSP or IEP team, as applicable, to track deaf and hard-of-hearing children’s progress, and to establish or modify IFSP or IEP plans. (6) May reflect the recommendations of the advisory committee established pursuant to subdivision (e). (c) (1) The department shall disseminate the parent resource developed pursuant to subdivision (a) to parents and guardians of deaf and hard-of-hearing children, and, pursuant to federal law, shall disseminate the educator tools and assessments selected pursuant to subdivision (b) to local educational agencies for use in the development and modification of IFSP and IEP plans, and shall provide materials and training on its use, to assist deaf and hard-of-hearing children in becoming linguistically ready for kindergarten using both or one of the languages of ASL and English. (2) If a deaf or hard-of-hearing child does not demonstrate progress in expressive and receptive language skills, as measured by one of the educator tools or assessments selected pursuant to subdivision (b), or by the existing instrument used to assess the development of children with disabilities pursuant to federal law, the child’s IFSP or IEP team, as applicable, shall, as part of the process required by federal law, explain in detail the reasons why the child is not meeting the language developmental milestones or progressing towards them, and shall recommend specific strategies, services, and programs that shall be provided to assist the child’s success toward English literacy. (d) (1) On or before March 1, 2017, the department shall provide the advisory committee established pursuant to subdivision (e) with a list of existing language developmental milestones from existing standardized norms, along with any relevant information held by the department regarding those language developmental milestones for possible inclusion in the parent resource developed pursuant to subdivision (a). These language developmental milestones shall be aligned to the department’s existing infant, toddler, and preschool guidelines, the existing instrument used to assess the development of children with disabilities pursuant to federal law, and the state standards in English language arts. (2) On or before June 1, 2017, the advisory committee shall recommend language developmental milestones for selection pursuant to subdivision (a). (3) On or before June 30, 2017, the department shall inform the advisory committee of which language developmental milestones were selected. (e) (1) The Superintendent shall establish an ad hoc advisory committee for purposes of soliciting input from experts on the selection of language developmental milestones for children who are deaf or hard of hearing that are equivalent to those for children who are not deaf or hard of hearing, for inclusion in the parent resource developed pursuant to subdivision (a). The advisory committee may also make recommendations on the selection and administration of the educator tools or assessments selected pursuant to subdivision (b). (2) The advisory committee shall consist of 13 volunteers, the majority of whom shall be deaf or hard of hearing, and all of whom shall be within the field of education for the deaf and hard of hearing. The advisory committee shall include all of the following: (A) One parent of a child who is deaf or hard of hearing who uses the dual languages of ASL and English. (B) One parent of a child who is deaf or hard of hearing who uses only spoken English, with or without visual supplements. (C) One credentialed teacher of deaf and hard-of-hearing pupils who use the dual languages of ASL and English. (D) One credentialed teacher of deaf and hard-of-hearing pupils from a state certified nonpublic, nonsectarian school. (E) One expert who researches language outcomes for deaf and hard-of-hearing children using ASL and English. (F) One expert who researches language outcomes for deaf and hard-of-hearing children using spoken English, with or without visual supplements. (G) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in curriculum and instruction in ASL and English. (H) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in curriculum and instruction in spoken English, with or without visual supplements. (I) One advocate for the teaching and use of the dual languages of ASL and English. (J) One advocate for the teaching and use of spoken English, with or without visual supplements. (K) One early intervention specialist who works with deaf and hard-of-hearing infants and toddlers using the dual languages of ASL and English. (L) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in ASL and English language assessment. (M) One speech pathologist from spoken English, with or without the use of visual supplements. (f) The advisory committee established pursuant to subdivision (e) may also advise the department or its contractor on the content and administration of the existing instrument used to assess the development of children with disabilities pursuant to federal law, as used to assess deaf and hard-of-hearing children’s language and literacy development to ensure the appropriate use of that instrument with those children, and may make recommendations regarding future research to improve the measurement of progress of deaf and hard-of-hearing children in language and literacy. (g) Commencing on or before July 31, 2017, and on or before each July 31 thereafter, the department shall annually produce a report, using existing data reported in compliance with the federally required state performance plan on pupils with disabilities, that is specific to language and literacy development of deaf and hard-of-hearing children from birth to five years of age, inclusive, including those who are deaf or hard of hearing and have other disabilities, relative to their peers who are not deaf or hard of hearing. The department shall make this report available on its Internet Web site. (h) All activities of the department in implementing this section shall be consistent with federal law regarding the education of children with disabilities and federal law regarding the privacy of pupil information. (i) For the purpose of this section, the term “language developmental milestones” means milestones of development aligned with the existing state instrument used to meet the requirements of federal law for the assessment of children from birth to five years of age, inclusive. (j) This section shall apply only to children from birth to five years of age, inclusive. (k) Implementation of this section is subject to an appropriation being made for purposes of this section in the annual Budget Act or another statute. (Added by Stats. 2015, Ch. 652, Sec. 1. (SB 210) Effective January 1, 2016.)
  100. 56327.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Personnel who assess a pupil must prepare a written assessment report and include specified findings in it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56327. The personnel who assess the pupil shall prepare a written report, or reports, as appropriate, of the results of each assessment. The report shall include, but not be limited to, all the following: (a) Whether the pupil may need special education and related services. (b) The basis for making the determination. (c) The relevant behavior noted during the observation of the pupil in an appropriate setting. (d) The relationship of that behavior to the pupil’s academic and social functioning. (e) The educationally relevant health and development, and medical findings, if any. (f) For pupils with learning disabilities, whether there is such a discrepancy between achievement and ability that it cannot be corrected without special education and related services. (g) A determination concerning the effects of environmental, cultural, or economic disadvantage, where appropriate. (h) The need for specialized services, materials, and equipment for pupils with low incidence disabilities, consistent with guidelines established pursuant to Section 56136. (Amended by Stats. 1982, Ch. 1334, Sec. 4.)
  101. 56328.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    A special education local plan area may use schoolsite-level and regional-level services to provide the services required by this chapter, despite the chapter’s other provisions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56328. Notwithstanding the provisions of this chapter, a special education local plan area may utilize a schoolsite level and a regional level service, as provided for under Section 56336.2 as it read prior to July 28, 1980, to provide the services required by this chapter. (Amended by Stats. 2008, Ch. 179, Sec. 58. Effective January 1, 2009.)
  102. 56329.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

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    This section requires notice, meetings, and document sharing during a special education assessment process, and gives parents or guardians rights to an independent educational assessment in certain cases.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56329. As part of the assessment plan given to parents or guardians pursuant to Section 56321, the parent or guardian of the pupil shall be provided with a written notice that shall include all of the following information: (a) (1) Upon completion of the administration of tests and other assessment materials, an individualized education program team meeting, including the parent or guardian and his or her representatives, shall be scheduled, pursuant to Section 56341, to determine whether the pupil is an individual with exceptional needs as defined in Section 56026, and to discuss the assessment, the educational recommendations, and the reasons for these recommendations. (2) In making a determination of eligibility under paragraph (1), a pupil shall not, pursuant to Section 1414(b)(5) of Title 20 of the United States Code, and Section 300.306(b) of Title 34 of the Code of Federal Regulations, be determined to be an individual with exceptional needs if the determinant factor for the determination is one of the following in subparagraphs (A) to (C), inclusive, plus subparagraph (D): (A) Lack of appropriate instruction in reading, including the essential components of reading instruction as defined in Section 6368(3) of Title 20 of the United States Code. (B) Lack of appropriate instruction in mathematics. (C) Limited-English proficiency. (D) If the pupil does not otherwise meet the eligibility criteria under Section 300.8(a) of Title 34 of the Code of Federal Regulations. (3) A copy of the assessment report and the documentation of determination of eligibility shall be given to the parent or guardian. (b) A parent or guardian has the right to obtain, at public expense, an independent educational assessment of the pupil from qualified specialists, as defined by regulations of the board, if the parent or guardian disagrees with an assessment obtained by the public education agency, in accordance with Section 300.502 of Title 34 of the Code of Federal Regulations. A parent or guardian is entitled to only one independent educational assessment at public expense each time the public education agency conducts an assessment with which the parent or guardian disagrees. If a public education agency observed the pupil in conducting its assessment, or if its assessment procedures make it permissible to have in-class observation of a pupil, an equivalent opportunity shall apply to an independent educational assessment of the pupil in the pupil’s current educational placement and setting, and observation of an educational placement and setting, if any, proposed by the public education agency, regardless of whether the independent educational assessment is initiated before or after the filing of a due process hearing proceeding. (c) The public education agency may initiate a due process hearing pursuant to Chapter 5 (commencing with Section 56500) to show that its assessment is appropriate. If the final decision resulting from the due process hearing is that the assessment is appropriate, the parent or guardian maintains the right for an independent educational assessment, but not at public expense. If the parent or guardian obtains an independent educational assessment at private expense, the results of the assessment shall be considered by the public education agency with respect to the provision of free appropriate public education to the child, and may be presented as evidence at a due process hearing pursuant to Chapter 5 (commencing with Section 56500) regarding the child. If a public education agency observed the pupil in conducting its assessment, or if its assessment procedures make it permissible to have in-class observation of a pupil, an equivalent opportunity shall apply to an independent educational assessment of the pupil in the pupil’s current educational placement and setting, and observation of an educational placement and setting, if any, proposed by the public education agency, regardless of whether the independent educational assessment is initiated before or after the filing of a due process hearing proceeding. (d) If a parent or guardian proposes a publicly financed placement of the pupil in a nonpublic school, the public education agency shall have an opportunity to observe the proposed placement and the pupil in the proposed placement, if the pupil has already been unilaterally placed in the nonpublic school by the parent or guardian. An observation conducted pursuant to this subdivision shall only be of the pupil who is the subject of the observation and shall not include the observation or assessment of any other pupil in the proposed placement. The observation or assessment by a public education agency of a pupil other than the pupil who is the subject of the observation pursuant to this subdivision may be conducted, if at all, only with the consent of the parent or guardian pursuant to this article. The results of an observation or assessment of any other pupil in violation of this subdivision shall be inadmissible in a due process or judicial proceeding regarding the free appropriate public education of that other pupil. (Amended by Stats. 2007, Ch. 454, Sec. 16. Effective October 10, 2007.)
  103. 56330.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    A local educational agency must follow federal procedures when interpreting assessment data to decide whether a child is an individual with exceptional needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2. Assessment [56320 - 56330] ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56330. A local educational agency shall follow the procedures in Section 300.306(c) of Title 34 of the Code of Federal Regulations when interpreting assessment data for the purpose of determining if a child is an individual with exceptional needs under Section 56026. (Amended by Stats. 2007, Ch. 56, Sec. 42. Effective January 1, 2008.)
  104. 56332.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2.4. Eligibility Criteria for Special Education and Related Services on the Basis of Other Health Impairment [56332- 56332.] ( Article 2.4 added by Stats. 2022, Ch. 611, Sec. 1. )

    Verify source ↗

    The State Board of Education must include fetal alcohol spectrum disorder in the definition of “other health impairment” in the cited regulation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2.4. Eligibility Criteria for Special Education and Related Services on the Basis of Other Health Impairment [56332- 56332.] ( Article 2.4 added by Stats. 2022, Ch. 611, Sec. 1. ) ## 56332. The State Board of Education shall include “fetal alcohol spectrum disorder” in the definition of “other health impairment” in Section 3030 of Title 5 of the California Code of Regulations. (Added by Stats. 2022, Ch. 611, Sec. 1. (SB 1016) Effective January 1, 2023.)
  105. 56333.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] ( Heading of Article 2.5 amended by Stats. 1980, Ch. 1353, Sec. 55. )

    Verify source ↗

    A pupil is eligible for special education and related services when a language or speech difficulty seriously affects educational performance and cannot be corrected without those services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] ( Heading of Article 2.5 amended by Stats. 1980, Ch. 1353, Sec. 55. ) ## 56333. A pupil shall be assessed as having a language or speech disorder that makes the pupil eligible for special education and related services when the pupil demonstrates difficulty understanding or using language to such an extent that it adversely affects the pupil’s educational performance and cannot be corrected without special education and related services. In order to be eligible for special education and related services, difficulty in understanding or using language shall be assessed by a speech-language pathologist who determines that such difficulty results from any of the following disorders: (a) Speech sound disorder, characterized by deficits in the pupil’s production of speech sounds that significantly interferes with communication and attracts adverse attention. (b) Voice disorder, characterized by persistent, deficits in voice quality, pitch, intensity, or resonance. A medical examination shall be conducted, where appropriate. (c) Fluency disorder, characterized by persistent deficits in the flow of verbal expression to such a degree that these difficulties adversely affect communication between the pupil and listener. (d) Language disorder, characterized by inappropriate or inadequate acquisition, comprehension, or expression of language such that the pupil’s language performance level is found to be significantly below the language performance level of the pupil’s peers. (e) Hearing impairment or deafness that contributes to or results in a language or speech disorder and significantly affects educational performance. (Amended by Stats. 2021, Ch. 666, Sec. 99. (AB 486) Effective January 1, 2022.)
  106. 56334.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] ( Heading of Article 2.5 amended by Stats. 1980, Ch. 1353, Sec. 55. )

    Verify source ↗

    The state board must include “phonological processing” in the description of basic psychological processes in Title 5, Section 3030.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] ( Heading of Article 2.5 amended by Stats. 1980, Ch. 1353, Sec. 55. ) ## 56334. The state board shall include “phonological processing” in the description of basic psychological processes in Section 3030 of Title 5 of the California Code of Regulations. (Added by Stats. 2015, Ch. 647, Sec. 1. (AB 1369) Effective January 1, 2016.)
  107. 56335.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] ( Heading of Article 2.5 amended by Stats. 1980, Ch. 1353, Sec. 55. )

    Verify source ↗

    The Superintendent must develop dyslexia program guidelines and share them with educators and parents.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] ( Heading of Article 2.5 amended by Stats. 1980, Ch. 1353, Sec. 55. ) ## 56335. (a) The Superintendent shall develop program guidelines for dyslexia to be used to assist regular education teachers, special education teachers, and parents to identify and assess pupils with dyslexia, and to plan, provide, evaluate, and improve educational services to pupils with dyslexia. For purposes of this section, “educational services” means an evidence-based, multisensory, direct, explicit, structured, and sequential approach to instructing pupils who have dyslexia. (b) The program guidelines shall include, but shall not be limited to, characteristics typical of pupils with dyslexia and strategies for their remediation, as well as information to assist educators in distinguishing between characteristics of dyslexia and characteristics of normal growth and development. (c) In developing program guidelines pursuant to subdivision (a), the Superintendent shall consult with teachers, school administrators, other educational professionals, medical professionals, parents, and other professionals involved in the identification and education of pupils with dyslexia. (d) The Superintendent shall complete the program guidelines in time for use no later than the beginning of the 2017–18 academic year. (e) The Superintendent shall disseminate the program guidelines through the department’s Internet Web site and provide technical assistance regarding their use and implementation to parents, teachers, school administrators, and faculty members in teacher training programs of institutions of higher education. (Added by Stats. 2015, Ch. 647, Sec. 2. (AB 1369) Effective January 1, 2016.)
  108. 56337.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] ( Heading of Article 2.5 amended by Stats. 1980, Ch. 1353, Sec. 55. )

    Verify source ↗

    This section defines “specific learning disability” and says a local educational agency does not have to consider a severe discrepancy test, but may use a response-to-intervention process when evaluating a pupil.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] ( Heading of Article 2.5 amended by Stats. 1980, Ch. 1353, Sec. 55. ) ## 56337. (a) A specific learning disability, as defined in Section 1401(30) of Title 20 of the United States Code, means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or perform mathematical calculations. The term “specific learning disability” includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. That term does not include a learning problem that is primarily the result of visual, hearing, or motor disabilities, of intellectual disabilities, of emotional disturbance, or of environmental, cultural, or economic disadvantage. (b) Notwithstanding any other law and pursuant to Section 1414(b)(6) of Title 20 of the United States Code, in determining whether a pupil has a specific learning disability as defined in subdivision (a), a local educational agency is not required to take into consideration whether a pupil has a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning. (c) In determining whether a pupil has a specific learning disability, a local educational agency may use a process that determines if the pupil responds to scientific, research-based intervention as a part of the assessment procedures described in Section 1414(b)(2) and (3) of Title 20 of the United States Code and covered in Sections 300.307 to 300.311, inclusive, of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2011, Ch. 347, Sec. 34. (SB 942) Effective January 1, 2012.)
  109. 56337.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] ( Heading of Article 2.5 amended by Stats. 1980, Ch. 1353, Sec. 55. )

    Verify source ↗

    Some pupils who are assessed as dyslexic and meet the listed eligibility criteria are entitled to special education and related services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] ( Heading of Article 2.5 amended by Stats. 1980, Ch. 1353, Sec. 55. ) ## 56337.5. (a) A pupil who is assessed as being dyslexic and meets eligibility criteria specified in Section 56337 and paragraph (10) of subdivision (b) of Section 3030 of Title 5 of the California Code of Regulations for the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) category of specific learning disabilities is entitled to special education and related services. (b) If a pupil who exhibits the characteristics of dyslexia or another related reading dysfunction is not found to be eligible for special education and related services pursuant to subdivision (a), the pupil’s instructional program shall be provided in the regular education program. (c) It is the intent of the Legislature that the program guidelines developed pursuant to Section 2 of Chapter 1501 of the Statutes of 1990, for specific learning disabilities, including dyslexia and other related disorders, be available for use by teachers and parents in order for them to have knowledge of the strategies that can be utilized with pupils for the remediation of the various types of specific learning disabilities. (Amended by Stats. 2016, Ch. 186, Sec. 54. (AB 2659) Effective January 1, 2017.)
  110. 56338.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] ( Heading of Article 2.5 amended by Stats. 1980, Ch. 1353, Sec. 55. )

    Verify source ↗

    This section says that a specific learning disability can include a vision-related disability that causes visual perceptual or visual motor dysfunction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] ( Heading of Article 2.5 amended by Stats. 1980, Ch. 1353, Sec. 55. ) ## 56338. As used in Section 56337, “specific learning disability” includes, but is not limited to, disability within the function of vision which results in visual perceptual or visual motor dysfunction. (Added by Stats. 1980, Ch. 1353, Sec. 57. Effective September 30, 1980.)
  111. 56339.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2.6. Attention Deficit and Hyperactivity Disorders [56339- 56339.] ( Article 2.6 added by Stats. 1992, Ch. 1360, Sec. 14. )

    Verify source ↗

    A qualifying pupil with a suspected or diagnosed attention deficit disorder or ADHD is entitled to special education and related services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 2.6. Attention Deficit and Hyperactivity Disorders [56339- 56339.] ( Article 2.6 added by Stats. 1992, Ch. 1360, Sec. 14. ) ## 56339. (a) A pupil whose educational performance is adversely affected by a suspected or diagnosed attention deficit disorder or attention deficit hyperactivity disorder and demonstrates a need for special education and related services by meeting eligibility criteria specified in paragraph (4) or (9) of subdivision (b) of Section 3030 of Title 5 of the California Code of Regulations or Section 56337 and paragraph (10) of subdivision (b) of Section 3030 of Title 5 of the California Code of Regulations for the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) categories of “emotional disturbance,” “other health impairments,” or “specific learning disabilities,” is entitled to special education and related services. (b) If a pupil with an attention deficit disorder or attention deficit hyperactivity disorder is not found to be eligible for special education and related services pursuant to subdivision (a), the pupil’s instructional program shall be provided in the regular education program. (c) It is the intent of the Legislature that local educational agencies promote coordination between special education and regular education programs to ensure that all pupils, including those with attention deficit disorders or attention deficit hyperactivity disorders, receive appropriate instructional interventions. (d) It is further the intent of the Legislature that regular education teachers and other personnel be trained to develop an awareness about attention deficit disorders and attention deficit hyperactivity disorders and the manifestations of those disorders, and the adaptations that can be implemented in regular education programs to address the instructional needs of pupils having these disorders. (Amended by Stats. 2016, Ch. 186, Sec. 55. (AB 2659) Effective January 1, 2017.)
  112. 56340.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    A local educational agency must hold meetings to develop, review, and revise each individualized education program for an individual with exceptional needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56340. A local educational agency shall initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs in accordance with Section 300.323(c) of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 44. Effective January 1, 2008.)
  113. 56340.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Instructional planning for children under three with exceptional needs must follow the referenced Chapter 4.4 and the California Early Intervention Services Act.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56340.1. All instructional planning procedures for individuals with exceptional needs who are younger than three years of age shall be provided pursuant to Chapter 4.4 (commencing with Section 56425) and the California Early Intervention Services Act, Title 14 (commencing with Section 95000) of the Government Code. (Added by Stats. 1993, Ch. 1296, Sec. 14.5. Effective October 11, 1993.)
  114. 56341.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section requires individualized education program meetings to be run by an IEP team and sets who must be included, when the student must be invited, and when members may be excused.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56341. (a) Each meeting to develop, review, or revise the individualized education program of an individual with exceptional needs shall be conducted by an individualized education program team. (b) The individualized education program team shall include all of the following: (1) One or both of the pupil’s parents, a representative selected by a parent, or both, in accordance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (2) Not less than one regular education teacher of the pupil, if the pupil is, or may be, participating in the regular education environment. If more than one regular education teacher is providing instructional services to the individual with exceptional needs, one regular education teacher may be designated by the local educational agency to represent the others. The regular education teacher of an individual with exceptional needs, to the extent appropriate, shall participate in the development, review, and revision of the pupil’s individualized education program, including assisting in the determination of appropriate positive behavioral interventions and supports, and other strategies for the pupil, and the determination of supplementary aids and services, program modifications, and supports for school personnel that will be provided for the pupil, consistent with Section 1414(d)(1)(A)(i)(IV) of Title 20 of the United States Code. (3) Not less than one special education teacher of the pupil, or if appropriate, not less than one special education provider of the pupil. (4) A representative of the local educational agency who meets all of the following: (A) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of individuals with exceptional needs. (B) Is knowledgeable about the general education curriculum. (C) Is knowledgeable about the availability of resources of the local educational agency. (5) An individual who can interpret the instructional implications of the assessment results. The individual may be a member of the team described in paragraphs (2) to (6), inclusive. (6) At the discretion of the parent, guardian, or the local educational agency, other individuals who have knowledge or special expertise regarding the pupil, including related services personnel, as appropriate. The determination of whether the individual has knowledge or special expertise regarding the pupil shall be made by the party who invites the individual to be a member of the individualized education program team. (7) Whenever appropriate, the individual with exceptional needs. (c) In accordance with Sections 300.308 and 300.310 of Title 34 of the Code of Federal Regulations, for a pupil suspected of having a specific learning disability, at least one member of the individualized education program team shall be qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher. In accordance with Section 300.310 of Title 34 of the Code of Federal Regulations, at least one team member shall observe the pupil’s academic performance and behavior in the areas of difficulty in the pupil’s learning environment, including in the regular classroom setting. In the case of a child who is less than schoolage or out of school, a team member shall observe the child in an environment appropriate for a child of that age. (d) (1) The local educational agency shall invite an individual with exceptional needs to attend his or her individualized education program meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the individual and the needed transition services for the individual to assist the individual in reaching those goals under subparagraphs (A) and (B) of paragraph (8) of subdivision (a) of Section 56345. (2) If the individual with exceptional needs does not attend the individualized education program meeting, the local educational agency shall take steps to ensure that the individual’s preferences and interests are considered. (3) To the extent appropriate, with the consent of the parents or an individual with exceptional needs who has reached the age of majority, in implementing the requirements of paragraph (1), the local educational agency shall invite a representative of a participating agency that is likely to be responsible for providing or paying for transition services. (e) A local educational agency may designate another local educational agency member of the individualized education program team to serve also as the representative required pursuant to paragraph (4) of subdivision (b) if the requirements of subparagraphs (A), (B), and (C) of paragraph (4) of subdivision (b) are met. (f) A member of the individualized education program team described in paragraphs (2) to (5), inclusive, of subdivision (b) shall not be required to attend an individualized education program meeting, in whole or in part, if the parent of the individual with exceptional needs and the local educational agency agree, in writing, that the attendance of the member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting. (g) A member of the individualized education program team described in subdivision (f) may be excused from attending an individualized education program meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services, if both of the following occur: (1) The parent, in writing, and the local educational agency consent to the excusal after conferring with the member. (2) The member submits, in writing, to the parent and the individualized education program team input into the development of the individualized education program prior to the meeting. (h) A parent’s agreement under subdivision (f) and consent under subdivision (g) shall be in writing. (i) In the case of a child who was previously served under Chapter 4.4 (commencing with Section 56425), Early Education for Individuals with Exceptional Needs, or the California Early Intervention Services Act under Title 14 (commencing with Section 95000) of the Government Code, an invitation to the initial individualized education program team meeting shall, at the request of the parent, be sent to the infants and toddlers with disabilities service coordinator, as described in Subchapter III (commencing with Section 1431) of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or other representatives of the early education or early intervention system to assist with the smooth transition of services. (Amended by Stats. 2007, Ch. 454, Sec. 17. Effective October 10, 2007.)
  115. 56341.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The individualized education program team must consider specific student and parent factors when developing and reviewing an IEP, and parents or guardians have participation and audio-recording rights.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56341.1. (a) When developing each pupil’s individualized education program, the individualized education program team shall consider the following: (1) The strengths of the pupil. (2) The concerns of the parents or guardians for enhancing the education of the pupil. (3) The results of the initial assessment or most recent assessment of the pupil. (4) The academic, developmental, and functional needs of the child. (b) The individualized education program team shall do the following: (1) In the case of a pupil whose behavior impedes his or her learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior. (2) In the case of a pupil with limited English proficiency, consider the language needs of the pupil as those needs relate to the pupil’s individualized education program. (3) In the case of a pupil who is blind or visually impaired, provide for instruction in braille, and the use of braille, unless the individualized education program team determines, after an assessment of the pupil’s reading and writing skills, needs, and appropriate reading and writing media, including an assessment of the pupil’s future needs for instruction in braille or the use of braille, that instruction in braille or the use of braille is not appropriate for the pupil. (4) Consider the communication needs of the pupil, and in the case of a pupil who is deaf or hard of hearing, consider the pupil’s language and communication needs, opportunities for direct communications with peers and professional personnel in the pupil’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the pupil’s language and communication mode. (5) Consider whether the pupil requires assistive technology devices and services as defined in Section 1401(1) and (2) of Title 20 of the United States Code. (c) If, in considering the special factors described in subdivisions (a) and (b), the individualized education program team determines that a pupil needs a particular device or service, including an intervention, accommodation, or other program modification, in order for the pupil to receive a free appropriate public education, the individualized education program team shall include a statement to that effect in the pupil’s individualized education program. (d) The individualized education program team shall review the pupil’s individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved, and revise the individualized education program, as appropriate, to address, among other matters, the following: (1) A lack of expected progress toward the annual goals and in the general education curriculum, where appropriate. (2) The results of any reassessment conducted pursuant to Section 56381. (3) Information about the pupil provided to, or by, the parents or guardians, as described in subdivision (b) of Section 56381. (4) The pupil’s anticipated needs. (5) Any other relevant matter. (e) A regular education teacher of the pupil, who is a member of the individualized education program team, shall participate, consistent with Section 1414(d)(1)(C) of Title 20 of the United States Code, in the review and revision of the individualized education program of the pupil. (f) The parent or guardian shall have the right to present information to the individualized education program team in person or through a representative and the right to participate in meetings, relating to eligibility for special education and related services, recommendations, and program planning. (g) (1) Notwithstanding Section 632 of the Penal Code, the parent or guardian or local educational agency shall have the right to audio record the proceedings of individualized education program team meetings. The parent or guardian or local educational agency shall notify the members of the individualized education program team of his, her, or its intent to audio record a meeting at least 24 hours prior to the meeting. If the local educational agency initiates the notice of intent to audio record a meeting and the parent or guardian objects or refuses to attend the meeting because it will be audio recorded, the meeting shall not be audio recorded. (2) The Legislature hereby finds as follows: (A) Under federal law, audio recordings made by a local educational agency are subject to the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g), and are subject to the confidentiality requirements of the regulations under Sections 300.610 to 300.626, inclusive, of Title 34 of the Code of Federal Regulations. (B) Parents or guardians have the right, pursuant to Sections 99.10 to 99.22, inclusive, of Title 34 of the Code of Federal Regulations, to do all of the following: (i) Inspect and review the audio recordings. (ii) Request that the audio recordings be amended if the parent or guardian believes that they contain information that is inaccurate, misleading, or in violation of the rights of privacy or other rights of the individual with exceptional needs. (iii) Challenge, in a hearing, information that the parent or guardian believes is inaccurate, misleading, or in violation of the individual’s rights of privacy or other rights. (h) It is the intent of the Legislature that the individualized education program team meetings be nonadversarial and convened solely for the purpose of making educational decisions for the good of the individual with exceptional needs. (Amended by Stats. 2009, Ch. 88, Sec. 28. (AB 176) Effective January 1, 2010.)
  116. 56341.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    In specified cases, a district, special education local plan area, or county office must invite a group home representative to the pupil’s IEP team meetings.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56341.2. (a) In the case of a pupil with exceptional needs who has been placed in a group home, as defined in subdivision (g) of Section 80001 of Title 22 of the California Code of Regulations, by the juvenile court pursuant to Section 300, 601, or 602 of the Welfare and Institutions Code, the district, special education local plan area, or county office shall invite to the individualized education program team meetings a representative of the group home. (b) This section shall not be construed to delay the individualized education program process or to change the individualized education program team requirements of subdivision (b) of Section 56341. (Added by Stats. 2003, Ch. 413, Sec. 1. Effective January 1, 2004.)
  117. 56341.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section sets notice, participation, and support requirements for individualized education program meetings.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56341.5. (a) A local educational agency convening a meeting of the individualized education program team shall take steps to ensure that no less than one of the parents or guardians of the individual with exceptional needs is present at each individualized education program meeting or are afforded the opportunity to participate. (b) A parent or guardian shall be notified of the individualized education program meeting early enough to ensure an opportunity to attend. (c) The individualized education program meeting shall be scheduled at a mutually agreed-upon time and place. The notice of the meeting under subdivision (b) shall indicate the purpose, time, and location of the meeting and who shall be in attendance. A parent or guardian also shall be informed in the notice of the right, pursuant to Section 300.322(b)(1)(ii) of Title 34 of the Code of Federal Regulations, to bring other people to the meeting who have knowledge or special expertise regarding the individual with exceptional needs, and shall be informed of subdivision (i) of Section 56341 relating to the participation of the infants and toddlers with disabilities service coordinator under Subchapter III (commencing with Section 1431) of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) at the initial individualized education program team meeting for a child previously served under the Subchapter III program. (d) As part of the participation of an individual with exceptional needs in the development of an individualized education program, as required by federal law, the individual with exceptional needs shall be allowed to provide confidential input to any representative of the individualized education program team. (e) Pursuant to Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code and Section 56345.1, if determined appropriate by the pupil’s individualized education program team, beginning when the pupil starts their high school experience or not later than the first individualized education program to be in effect when the pupil is 16 years of age or younger, as appropriate, the meeting notice also shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual, and the meeting notice shall indicate that the individual with exceptional needs is invited to attend. If the pupil does not attend the individualized education program meeting, the local educational agency shall take steps to ensure that the preferences and interests of the pupil are considered in accordance with Section 300.321(b)(2) of Title 34 of the Code of Federal Regulations. (f) The local educational agency, to the extent appropriate, with the consent of the parents or the individual with exceptional needs who has reached the age of majority, and in accordance with Section 300.321(b)(3) of Title 34 of the Code of Federal Regulations, shall invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services. (g) Pursuant to Section 300.322(c) of Title 34 of the Code of Federal Regulations, if no parent or guardian can attend the meeting, the local educational agency shall use other methods to ensure parent or guardian participation, including individual or conference telephone calls, and consistent with Section 300.328 of Title 34 of the Code of Federal Regulations, the parent or guardian and the local educational agency may agree to use alternative means of meeting participation. (h) A meeting may be conducted without a parent or guardian in attendance if the local educational agency is unable to convince the parent or guardian that the parent or guardian should attend. In this event, the local educational agency shall maintain a record of its attempts to arrange a mutually agreed-upon time and place, such as: (1) Detailed records of telephone calls made or attempted and the results of those calls. (2) Copies of correspondence sent to the parent or guardian and any responses received. (3) Detailed records of visits made to the home or place of employment of the parent or guardian and the results of those visits. (i) The local educational agency shall take any action necessary to ensure that the parent or guardian understands the proceedings at a meeting, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English. (j) The local educational agency shall give the parent or guardian a copy of the individualized education program, at no cost to the parent or guardian. (k) This section shall become operative on July 1, 2025. (Repealed (in Sec. 3) and added by Stats. 2024, Ch. 901, Sec. 4. (AB 438) Effective January 1, 2025. Operative July 1, 2025, by its own provisions.)
  118. 56342.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The individualized education program team must review assessment results, determine eligibility and IEP content, consider specified transportation policies, and make placement recommendations. A local educational agency must ensure placement decisions comply with the cited federal regulations when determining placement for an individual with exceptional needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56342. (a) The individualized education program team shall review the assessment results, determine eligibility, determine the content of the individualized education program, consider local transportation policies and criteria developed pursuant to paragraph (5) of subdivision (b) of Section 56195.8, and make program placement recommendations. (b) In determining the program placement of an individual with exceptional needs, a local educational agency shall ensure that the placement decisions and the child’s placement are made in accordance with Sections 300.114 to 300.118, inclusive, of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 46. Effective January 1, 2008.)
  119. 56342.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Before certain school placements or referrals, the education agency must hold a meeting to develop an individualized education program. An individual with exceptional needs may not be placed or referred to a nonpublic, nonsectarian school unless the program says that placement is appropriate.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56342.1. Before a local educational agency places an individual with exceptional needs in, or refers an individual to, a nonpublic, nonsectarian school, the district, special education local plan area, or county office of education shall initiate and conduct a meeting to develop an individualized education program in accordance with Sections 56341.1 and 56345 and in accordance with Section 300.325(a) of Title 34 of the Code of Federal Regulations. An individual with exceptional needs shall not be referred to, or placed in, a nonpublic, nonsectarian school unless his or her individualized education program specifies that the placement is appropriate. (Amended by Stats. 2012, Ch. 571, Sec. 4. (SB 121) Effective January 1, 2013.)
  120. 56342.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    A local educational agency must make sure the parent of each child with exceptional needs is part of any group deciding the child’s educational placement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56342.5. A local educational agency shall ensure that the parent of each individual with exceptional needs is a member of any group that makes decisions on the educational placement of the individual with exceptional needs. (Amended by Stats. 2007, Ch. 56, Sec. 48. Effective January 1, 2008.)
  121. 56343.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    An individualized education program team must meet when specified events happen, and it may also meet after a subsequent formal assessment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56343. An individualized education program team shall meet whenever any of the following occurs: (a) A pupil has received an initial formal assessment. The team may meet when a pupil receives any subsequent formal assessment. (b) The pupil demonstrates a lack of anticipated progress. (c) The parent or teacher requests a meeting to develop, review, or revise the individualized education program. (d) At least annually, to review the pupil’s progress, the individualized education program, including whether the annual goals for the pupil are being achieved, and the appropriateness of placement, and to make any necessary revisions. The individualized education program team conducting the annual review shall consist of those persons specified in subdivision (b) of Section 56341. Other individuals may participate in the annual review if they possess expertise or knowledge essential for the review. (Amended by Stats. 1998, Ch. 691, Sec. 30. Effective January 1, 1999.)
  122. 56343.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    If a parent asks to review an IEP, the team meeting must be held within 30 days, with certain school and vacation days excluded from the count. If the request is oral, the local educational agency must tell the parent to submit a written request and explain how to do so.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56343.5. A meeting of an individualized education program team requested by a parent to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 days, not counting days between the pupil’s regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parent’s written request. If a parent makes an oral request, the local educational agency shall notify the parent of the need for a written request and the procedure for filing a written request. (Amended by Stats. 2007, Ch. 56, Sec. 49. Effective January 1, 2008.)
  123. 56344.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    This section sets deadlines for developing and implementing a pupil’s individualized education program (IEP).

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56344. (a) An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 days, not counting days between the pupil’s regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parent’s written consent for assessment, unless the parent agrees, in writing, to an extension. However, an individualized education program required as a result of an assessment of a pupil shall be developed within 30 days after the commencement of the subsequent regular school year as determined by each local educational agency’s school calendar for each pupil for whom a referral has been made 30 days or less prior to the end of the regular school year. In the case of pupil school vacations, the 60-day time shall recommence on the date that pupil schooldays reconvene. A meeting to develop an initial individualized education program for the pupil shall be conducted within 30 days of a determination that the pupil needs special education and related services pursuant to Section 300.323(c)(1) of Title 34 of the Code of Federal Regulations. (b) Pursuant to Section 300.323(c)(2) of Title 34 of the Code of Federal Regulations, as soon as possible following development of the individualized education program, special education and related services shall be made available to the individual with exceptional needs in accordance with the individual’s individualized education program. (c) Each local educational agency shall have an individualized education program in effect for each individual with exceptional needs within its jurisdiction at the beginning of each school year in accordance with subdivision (a) and pursuant to Section 300.323(a) and (b) of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 454, Sec. 19. Effective October 10, 2007.)
  124. 56345.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    This section says an individualized education program must contain specific planning and service details for a pupil with exceptional needs, and it assigns responsibilities for providing, funding, and ensuring certain services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56345. (a) The individualized education program is a written statement for each individual with exceptional needs that is developed, reviewed, and revised in accordance with this section, as required by Section 1414(d) of Title 20 of the United States Code, and that includes all of the following: (1) A statement of the individual’s present levels of academic achievement and functional performance, including all of the following: (A) The manner in which the disability of the individual affects their involvement and progress in the general education curriculum. (B) For preschool children, as appropriate, the manner in which the disability affects their participation in appropriate activities. (C) For individuals with exceptional needs who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives. (2) A statement of measurable annual goals, including academic and functional goals, designed to do both of the following: (A) Meet the needs of the individual that result from the disability of the individual to enable the pupil to be involved in and make progress in the general education curriculum. (B) Meet each of the other educational needs of the pupil that result from the disability of the individual. (3) A description of the manner in which the progress of the pupil toward meeting the annual goals described in paragraph (2) will be measured and when periodic reports on the progress the pupil is making toward meeting the annual goals, such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards, will be provided. (4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the pupil, or on behalf of the pupil, and a statement of the program modifications or supports for school personnel that will be provided to enable the pupil to do all of the following: (A) To advance appropriately toward attaining the annual goals. (B) To be involved in and make progress in the general education curriculum in accordance with paragraph (1) and to participate in extracurricular and other nonacademic activities. (C) To be educated and participate with other individuals with exceptional needs and nondisabled pupils in the activities described in this subdivision. (5) An explanation of the extent, if any, to which the pupil will not participate with nondisabled pupils in the regular class and in the activities described in subparagraph (C) of paragraph (4). (6) (A) A statement of individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the pupil on state and districtwide assessments consistent with Section 1412(a)(16)(A) of Title 20 of the United States Code. (B) If the individualized education program team determines that the pupil shall take an alternate assessment instead of a particular state or districtwide assessment of pupil achievement, a statement of both of the following: (i) The reason why the pupil cannot participate in the regular assessment. (ii) The reason why the particular alternate assessment selected is appropriate for the pupil. (7) The projected date for the beginning of the services and modifications described in paragraph (4), and the anticipated frequency, location, and duration of those services and modifications. (8) Pursuant to Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code and Section 56345.1, if determined appropriate by the pupil’s individualized education program team, beginning when the pupil starts their high school experience or not later than the first individualized education program to be in effect when the pupil is 16 years of age or younger, as appropriate, and updated annually thereafter, both of the following shall be included: (A) Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills. (B) The transition services, as defined in Section 56345.1, including courses of study, needed to assist the pupil in reaching those goals. (9) (A) A description of the means by which the individualized education program will be provided under emergency conditions, as described in Section 46392, in which instruction or services, or both, cannot be provided to the pupil either at the school or in person for more than 10 schooldays. The description shall include all of the following: (i) Special education and related services. (ii) Supplementary aids and services. (iii) Transition services, as defined in Section 56345.1. (iv) Extended school year services pursuant to Section 300.106 of Title 34 of the Code of Federal Regulations. (B) Subparagraph (A) applies, on or after the operative date of this paragraph, to the development of an initial individualized education program or the next regularly scheduled revision of an individualized education program that has not already met the requirements of subparagraph (A). (C) Public health orders shall be taken into account in implementing subparagraph (A). (b) If appropriate, the individualized education program shall also include, but not be limited to, all of the following: (1) For pupils in grades 7 to 12, inclusive, any alternative means and modes necessary for the pupil to complete the prescribed course of study of the district and to meet or exceed proficiency standards for graduation. (2) For individuals whose native language is a language other than English, linguistically appropriate goals, objectives, programs, and services. (3) Pursuant to Section 300.106 of Title 34 of the Code of Federal Regulations, extended school year services shall be included in the individualized education program and provided to the pupil if the individualized education program team of the pupil determines, on an individual basis, that the services are necessary for the provision of a free appropriate public education to the pupil. (4) Provision for the transition into the regular class program if the pupil is to be transferred from a special class or nonpublic, nonsectarian school into a regular class in a public school for any part of the schoolday, including both of the following: (A) A description of activities provided to integrate the pupil into the regular education program. The description shall indicate the nature of each activity, and the time spent on the activity each day or week. (B) A description of the activities provided to support the transition of pupils from the special education program into the regular education program. (5) For pupils with low-incidence disabilities, specialized services, materials, and equipment, consistent with guidelines established pursuant to Section 56136. (c) It is the intent of the Legislature in requiring individualized education programs, that the local educational agency is responsible for providing the services delineated in the individualized education program. However, the Legislature recognizes that some pupils may not meet or exceed the growth projected in the annual goals and objectives of the individualized education program of the pupil. (d) Consistent with Section 56000.5 and Section 1414(d)(3)(B)(iv) of Title 20 of the United States Code, it is the intent of the Legislature that, in making a determination of the services that constitute an appropriate education to meet the unique needs of a deaf or hard-of-hearing pupil in the least restrictive environment, the individualized education program team shall consider the related services and program options that provide the pupil with an equal opportunity for communication access. The individualized education program team shall specifically discuss the communication needs of the pupil, consistent with “Deaf Students Education Services Policy Guidance” (57 Fed. Reg. 49274 (October 1992)), including all of the following: (1) The pupil’s primary language mode and language, which may include the use of spoken language with or without visual cues, or the use of sign language, or a combination of both. (2) The availability of a sufficient number of age, cognitive, and language peers of similar abilities, which may be met by consolidating services into a local plan areawide program or providing placement pursuant to Section 56361. (3) Appropriate, direct, and ongoing language access to special education teachers and other specialists who are proficient in the pupil’s primary language mode and language consistent with existing law regarding teacher training requirements. (4) Services necessary to ensure communication-accessible academic instructions, school services, and extracurricular activities consistent with the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.) and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). (5) In accordance with Section 300.113 of Title 34 of the Code of Federal Regulations, each public agency shall ensure that hearing aids worn in school by children with hearing impairments, including deafness, are functioning properly. (6) Subject to paragraph (7), each public agency, pursuant to Section 300.113(b) of Title 34 of the Code of Federal Regulations, shall ensure that external components of surgically implanted medical devices are functioning properly. (7) For a child with a surgically implanted medical device who is receiving special education and a service under Section 56363, a public agency is not responsible for the postsurgical maintenance, programming, or replacement of the medical device that has been surgically implanted, or of an external component of the surgically implanted medical device. (e) State moneys appropriated to districts or local educational agencies may not be used for any additional responsibilities and services associated with paragraphs (1) and (2) of subdivision (d), including the training of special education teachers and other specialists, even if those additional responsibilities or services are required pursuant to a judicial or state agency determination. Those responsibilities and services shall only be funded by a local educational agency as follows: (1) The costs of those activities shall be funded from existing programs and funding sources. (2) Those activities shall be supported by the resources otherwise made available to those programs. (3) Those activities shall be consistent with Sections 56240 to 56243, inclusive. (f) It is the intent of the Legislature that the communication skills of teachers who work with hard-of-hearing and deaf children be improved. This section does not remove the discretionary authority of the local educational agency in regard to inservice activities. (g) Beginning not later than one year before the pupil reaches 18 years of age, a statement that the pupil has been informed of the pupil’s rights under this part, if any, that will transfer to the pupil upon reaching 18 years of age pursuant to Section 56041.5. (h) The individualized education program team is not required to include information under one component of a pupil’s individualized education program that is already contained under another component of the individualized education program. (i) This section does not require that additional information, beyond that explicitly required by Section 1414 of Title 20 of the United States Code and this part, be included in the individualized education program of a pupil. (j) This section shall become operative on July 1, 2025. (Repealed (in Sec. 5) and added by Stats. 2024, Ch. 901, Sec. 6. (AB 438) Effective January 1, 2025. Operative July 1, 2025, by its own provisions.)
  125. 56345.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    This section defines “transition services” and says a local educational agency must reconvene the IEP team if another participating agency fails to provide those services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56345.1. (a) The term “transition services,” as defined in Section 1401(34) of Title 20 of the United States Code and as used in subparagraph (B) of paragraph (8) of subdivision (a) of Section 56345, means a coordinated set of activities for an individual with exceptional needs that does all of the following: (1) Is designed within an results-oriented process, that is focused on improving the academic and functional achievement of the individual with exceptional needs to facilitate the movement of the pupil from school to postschool activities, including postsecondary education, vocational education, integrated employment, including supported employment, continuing and adult education, adult services, independent living, or community participation. (2) Is based upon the individual needs of the pupil, taking into account the strengths, preferences, and interests of the pupil. (3) Includes instruction, related services, community experiences, the development of employment and other postschool adult living objectives, and, if appropriate, acquisition of daily living skills and provision of a functional vocational evaluation. (b) In accordance with Section 300.43(b) of Title 34 of the Code of Federal Regulations, transition services for individuals with exceptional needs may be special education, if provided as specially designed instruction, or a designated instruction and service, if required to assist a pupil to benefit from special education. (c) If a participating agency, other than the local educational agency, fails to provide the transition services described in the individualized education program of the pupil in accordance with Section 1414(d)(6) of Title 20 of the United States Code and paragraph (8) of subdivision (a) of Section 56345, the local educational agency shall reconvene the individualized education program team to identify alternative strategies to meet the transition service needs for the pupil set out in the program. (Amended by Stats. 2007, Ch. 454, Sec. 21. Effective October 10, 2007.)
  126. 56345.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Public agencies must take steps to give individuals with exceptional needs equal access to nonacademic and extracurricular services and activities, and must ensure appropriate participation and supplementary aids and services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56345.2. (a) Pursuant to Section 300.107 of Title 34 of the Code of Federal Regulations, each public agency shall take steps, including the provision of supplementary aids and services determined appropriate and necessary by the individualized education program team of the individual with exceptional needs, to provide nonacademic and extracurricular services and activities in the manner necessary to afford individuals with exceptional needs an equal opportunity for participation in those services and activities. (b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with exceptional needs, and employment of pupils, including both employment by the public agency and assistance in making outside employment available. (c) Pursuant to Section 300.117 of Title 34 of the Code of Federal Regulations, each public agency shall ensure that each individual with exceptional needs participates with nondisabled children in extracurricular services and activities to the maximum extent appropriate to the needs of that individual. Each public agency shall ensure that each individual with exceptional needs has the supplementary aids and services determined by the individualized education program team of the individual to be appropriate and necessary for the individual to participate in nonacademic settings. (Added by Stats. 2007, Ch. 454, Sec. 22. Effective October 10, 2007.)
  127. 56345.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Local educational agencies are not authorized to prescribe health care services, except as allowed by subdivision (b) of Section 56324.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56345.5. Except as prescribed in subdivision (b) of Section 56324, nothing in this part shall be construed to authorize local educational agencies to prescribe health care services. (Amended by Stats. 2007, Ch. 56, Sec. 50. Effective January 1, 2008.)
  128. 56346.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Public agencies must seek and make reasonable efforts to get parental informed consent before starting special education services, and must follow specific rules if consent is refused or later revoked.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56346. (a) A public agency, as defined in Section 56028.5, that is responsible for making a free appropriate public education and related services to the child with a disability under this part shall seek to obtain informed consent from the parent of the child before providing special education and related services to the child pursuant to Section 1414(a)(1)(D)(i)(II) of Title 20 of the United States Code. The public agency shall make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services to the child in accordance with Section 300.300(b)(2) of Title 34 of the Code of Federal Regulations. (b) If the parent of the child fails to respond or refuses to consent to the initiation of services pursuant to subdivision (a), the public agency shall not provide special education and related services to the child by utilizing the procedures in Section 1415 of Title 20 of the United States Code or the procedures in subdivision (e) of Section 56506 in order to obtain agreement or a ruling that the services may be provided to the child. (c) If the parent of the child refuses to consent to the initial provision of special education and related services, or the parent fails to respond to a request to provide the consent, both of the following are applicable: (1) The public agency shall not be considered to be in violation of the requirement to make available a free appropriate public education to the child for the failure to provide the child with the special education and related services for which the public agency requests consent. (2) The public agency shall not be required to convene an individualized education program team meeting or develop an individualized education program under this part for the child for the special education and related services for which the public agency requests consent. (d) (1) Pursuant to Section 300.300(b)(4) of Title 34 of the Code of Federal Regulations, if the parent or guardian of a child submits a written revocation of his or her consent pursuant to this section at any time subsequent to the initial provision of special education and related services to the child, the public agency shall not do either of the following: (A) Continue to provide special education and related services to the child, but shall provide prior written notice to the child’s parent or guardian in accordance with Section 56500.4 before ceasing the provision of the special education and related services. (B) Use the procedural safeguards specified in Chapter 5 (commencing with Section 56500), including mediation and the due process complaint procedures, to obtain agreement or a ruling that the services may be provided to the child. (2) A public agency shall be deemed in compliance with the requirement to make a free appropriate public education available to a child if the agency ceases to provide the child with further special education and related services pursuant to this subdivision. A public agency is not required to convene an individualized education program team meeting or develop an individualized education program pursuant to this article for the child for further provision of special education and related services. (e) If the parent of the child consents in writing to the receipt of special education and related services for the child but does not consent to all of the components of the individualized education program, those components of the program to which the parent has consented shall be implemented so as not to delay providing instruction and services to the child. (f) With the exception of a parent of a child who fails to respond pursuant to subdivision (b), or refuses to consent to services pursuant to subdivision (b), if the public agency determines that the proposed special education program component to which the parent does not consent is necessary to provide a free appropriate public education to the child, a due process hearing shall be initiated in accordance with Section 1415(f) of Title 20 of the United States Code. If a due process hearing is held, the hearing decision shall be the final administrative determination and shall be binding upon the parties. While a resolution session, mediation conference, or due process hearing is pending, the child shall remain in his or her current placement, unless the parent and the public agency agree otherwise. (g) In accordance with Section 300.300(d)(4)(i) of Title 34 of the Code of Federal Regulations, if the parent of a child who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the initial assessment or the reassessment, or the parent fails to respond to a request to provide consent, the public agency shall not use the consent override procedures described in Section 300.300(a)(3) and (c)(1) of Title 34 of the Code of Federal Regulations. The public agency is not required to consider the child as eligible for services under Article 5.6 (commencing with Section 56170) of Chapter 2. (Amended by Stats. 2010, Ch. 243, Sec. 2. (AB 1841) Effective January 1, 2011.)
  129. 56347.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

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    A local educational agency must make a pupil’s individualized education program available to relevant teachers and service providers before placement, keep a copy at each schoolsite, and maintain IEPs according to pupil-record confidentiality laws.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56347. A local educational agency, prior to the placement of the individual with exceptional needs, shall ensure that the regular teacher or teachers, the special education teacher or teachers, and other persons who provide special education, related services, or both to the individual with exceptional needs have access to the pupil’s individualized education program, shall be knowledgeable of the content of the individualized education program, and shall be informed of his or her specific responsibilities related to implementing a pupil’s individualized education program and the specific accommodations, modifications and supports that shall be provided for the pupil in accordance with the individualized education program, pursuant to Section 300.323(d) of Title 34 of the Code of Federal Regulations. A copy of each individualized education program shall be maintained at each schoolsite where the pupil is enrolled. Service providers from other agencies who provide instruction or a related service to the individual off the schoolsite shall be provided a copy of the individualized education program. All individualized education programs shall be maintained in accordance with state and federal pupil record confidentiality laws. (Amended by Stats. 2007, Ch. 56, Sec. 51. Effective January 1, 2008.)
  130. 56348.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The department must translate the IEP template into the top 10 non-English languages used in the state and post those templates on its website, and it must notify specified education stakeholders that the templates are available.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] ( Article 3 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56348. By January 1, 2027, or no later than 18 months after the final draft of the state standardized individualized education program (IEP) template developed by the California Collaborative for Educational Excellence is converted to a digital platform, whichever date comes first, the department shall do both of the following: (a) Translate the IEP template into the top 10 most commonly spoken languages used across the state other than English and make those templates available on the department’s internet website. (b) Notify school districts, county offices of education, charter schools, and other relevant stakeholders that the IEP template, including all translated templates, is available on the department’s internet website and via other methods of dissemination upon request. (Added by Stats. 2024, Ch. 906, Sec. 1. (SB 445) Effective January 1, 2025.)
  131. 56350.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. )

    Verify source ↗

    This section defines key terms for visually impaired pupils and braille, and says the braille definition does not block use of Nemeth Code, Music Braille Code, or International Phonetic Alphabet Braille Code.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. ) ## 56350. Unless the context otherwise requires, the definitions set forth in this section shall govern the construction of this article. (a) A “functionally blind pupil” means a pupil who relies basically on senses other than vision as major channels for learning. (b) A “pupil with low vision” means a pupil who uses vision as a channel for learning, but who may also benefit from instruction in braille. (c) A “visually impaired pupil” means a pupil who is functionally blind or a pupil with low vision. For purposes of this article, a “visually impaired pupil” does not include a pupil who is eligible for special education and related services based on a specific learning disability identified pursuant to Section 56338. (d) (1) “Braille” means the system of reading and writing through touch commonly known as Unified English Braille. (2) Nothing in paragraph (1) shall be construed to prohibit the use of Nemeth Code for Mathematics and Science Notation in the teaching of mathematics and science, the use of Music Braille Code, or the use of International Phonetic Alphabet Braille Code. (Amended by Stats. 2018, Ch. 85, Sec. 1. (AB 3223) Effective January 1, 2019.)
  132. 56351.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. )

    Verify source ↗

    Local educational agencies must provide opportunities for braille instruction for pupils likely to need braille because of visual deterioration.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. ) ## 56351. Local educational agencies shall provide opportunities for braille instruction for pupils who, due to a prognosis of visual deterioration, may be expected to have a need for braille as a reading medium. (Amended by Stats. 2007, Ch. 56, Sec. 52. Effective January 1, 2008.)
  133. 56351.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. )

    Verify source ↗

    A local educational agency may use a braille instructional aide to reinforce braille instruction if the aide meets specified braille-skill criteria and works under a properly credentialed teacher.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. ) ## 56351.5. (a) (1) A local educational agency may reinforce braille instruction using a braille instructional aide who meets the criteria set forth in paragraph (2) under the supervision of a teacher who holds an appropriate credential, as determined by the Commission on Teacher Credentialing, to teach pupils who are functionally blind or visually impaired. This instruction shall be in accordance with the individualized education program of the pupil. (2) For purposes of this section, a braille instructional aide shall demonstrate to the supervising teacher that the aide is fluent in reading and writing grade 2 braille and possesses basic knowledge of the rules of braille construction. (b) A local educational agency that employs a braille instructional aide shall provide the aide with information regarding teaching credential programs, including the California Classified School Employee Teacher Credentialing Program (Article 12 (commencing with Section 44391) of Chapter 2 of Part 25 of Division 3) and the Teacher Education Internship Act of 1967 (Article 3 (commencing with Section 44450) of Chapter 3 of Part 25 of Division 3). (Amended by Stats. 2023, Ch. 15, Sec. 1. (AB 497) Effective January 1, 2024.)
  134. 56351.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. )

    Verify source ↗

    The Superintendent of Public Instruction must create an advisory task force to develop braille mastery standards for pupils from kindergarten through grade 12.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. ) ## 56351.7. (a) The Superintendent of Public Instruction shall form an advisory task force to develop standards for the mastery of the braille code as a child progresses through kindergarten to grade 12, inclusive. (b) The task force shall include, but shall not be limited to, members approved by the State Board of Education representing all of the following: (1) Parents of visually impaired pupils. (2) Teachers of visually impaired pupils. (3) Researchers in the field of visual impairment. (4) Braille experts. (5) Groups that advocate for teaching of, and use of, braille. (6) Groups that advocate for the visually impaired. (c) The task force shall report to the Governor and to the education committees of the Assembly and the Senate by June 30, 2004. (Added by Stats. 2002, Ch. 653, Sec. 1. Effective January 1, 2003.)
  135. 56351.8.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. )

    Verify source ↗

    The Superintendent must use the advisory task force to develop braille mathematics standards for certain visually impaired pupils, and the task force must report those standards to the state board by March 1, 2006.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. ) ## 56351.8. (a) The Superintendent shall utilize the advisory task force established pursuant to Section 56351.7 to develop standards for pupils described in subdivision (b) to learn, and to achieve mastery of, the braille mathematics code as they progress through kindergarten and grades 1 to 12, inclusive. (b) The standards described in subdivision (a) shall be developed for pupils who, due to a visual impairment, are functionally blind or may be expected to have a need to learn the braille code as their primary literacy mode for learning. (c) The task force shall, by March 1, 2006, report to the state board with the standards it develops pursuant to subdivision (a). (Added by Stats. 2005, Ch. 530, Sec. 2. Effective January 1, 2006.)
  136. 56351.9.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. )

    Verify source ↗

    The state board must adopt braille reading and mathematics standards by June 1, 2006, and local education agencies must provide instruction so eligible pupils can learn them.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. ) ## 56351.9. (a) By June 1, 2006, the state board shall adopt braille reading and mathematics standards for pupils who, due to a visual impairment, are functionally blind or may be expected to have a need to learn the braille code as their primary literacy mode for learning. (b) County offices of education, school districts, and special education local plan areas shall provide to pupils described in subdivision (a) opportunities for instruction to master the braille reading and mathematics standards described in subdivision (a). (Added by Stats. 2005, Ch. 530, Sec. 3. Effective January 1, 2006.)
  137. 56352.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. )

    Verify source ↗

    This section sets rules for assessing visually impaired and functionally blind pupils to choose the right reading medium, including braille.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. ) ## 56352. (a) A functional vision assessment conducted pursuant to Section 56320 shall be used as one criterion in determining the appropriate reading medium or media for the pupil. (b) An assessment of braille skills shall be required for functionally blind pupils who have the ability to read in accordance with guidelines established pursuant to Section 56136. A local educational agency may provide pupils with low vision with the opportunity to receive assessments to determine the appropriate reading medium or media, including braille instruction, for the pupils. (c) The determination, by a pupil’s individualized education program team, of the most appropriate medium or media, including braille, for functionally blind pupils who have the ability to read shall use as one criterion the assessment provided for pursuant to subdivision (b) and shall be in accordance with guidelines established pursuant to Section 56136. (d) Except as provided in subdivision (b) of Section 56351.5, braille instruction shall be provided by a teacher who holds an appropriate credential, as determined by the Commission on Teacher Credentialing, to teach pupils who are functionally blind or visually impaired. (e) Each visually impaired pupil shall be provided with the opportunity to receive an assessment to determine the appropriate reading medium or media, including braille instruction, if appropriate, for that pupil. (Amended by Stats. 2007, Ch. 56, Sec. 54. Effective January 1, 2008.)
  138. 56353.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. )

    Verify source ↗

    Local educational agencies may consider the expanded core curriculum when creating individualized education programs for pupils who are blind, have low vision, or are visually impaired.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. ) ## 56353. (a) The Legislature finds and declares that the expanded core curriculum is a set of knowledge and skills in which instruction or services, or both, may be beneficial to a pupil who is blind, has low vision, or is visually impaired. Local educational agencies may consider the expanded core curriculum when developing individualized education programs for a pupil who is blind, has low vision, or is visually impaired. (b) The expanded core curriculum is defined to be all of the following: (1) Compensatory skills, such as braille and concept development and other skills needed to access the core curriculum. (2) Orientation and mobility. (3) Social interaction skills. (4) Career technical education. (5) Assistive technology, including optical devices. (6) Independent living skills. (7) Recreation and leisure. (8) Self-determination. (9) Sensory efficiency. (c) When appropriate to ensure that a pupil will receive adequate services under this section, those services may be provided before or after school hours. (d) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2019, Ch. 778, Sec. 2. (AB 947) Effective January 1, 2020.)
  139. 56354.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. )

    Verify source ↗

    Certified orientation and mobility evaluations must be done by a qualified specialist, and local educational agencies cannot restrict a pupil’s orientation and mobility instruction except as allowed here.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] ( Article 3.5 added by Stats. 1994, Ch. 998, Sec. 3. ) ## 56354. (a) (1) If an orientation and mobility evaluation is determined to be needed for a pupil who is blind, has low vision, or is visually impaired, it shall be conducted by a person who is appropriately certified as an orientation and mobility specialist. (2) The orientation and mobility evaluations described in paragraph (1) shall occur in familiar and unfamiliar environments, in varying lighting conditions, and in the home, school, and community, as appropriate. (b) Except as specified in subdivision (c), a local educational agency shall not impose any limitations that result in the preclusion or the limitation of the ability of a pupil to receive instruction in orientation and mobility services in the home, school, or community setting and in varying lighting conditions, as designated in the pupil’s individualized education program and provided for pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (c) (1) A local educational agency may require annual written parental consent to provide the services described in subdivision (b) when those services are provided before or after regular school hours and when those services are provided away from the schoolsite. (2) If a local educational agency prohibits an orientation and mobility specialist from using their vehicles for the transportation of pupils to and from orientation and mobility instruction, the local educational agency shall provide, without cost to the orientation and mobility specialist, an equally effective transportation alternative for that purpose. (d) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2019, Ch. 778, Sec. 3. (AB 947) Effective January 1, 2020.)
  140. 56360.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Each special education local plan area must make sure a continuum of program options is available for individuals with exceptional needs for special education and related services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56360. Each special education local plan area shall ensure that a continuum of program options is available to meet the needs of individuals with exceptional needs for special education and related services, as required by the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and federal regulations relating thereto. (Amended by Stats. 1997, Ch. 854, Sec. 29. Effective January 1, 1998.)
  141. 56361.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The continuum of program options for special education must include listed program types and may include any combination of them.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56361. The continuum of program options shall include, but not necessarily be limited to, all of the following or any combination of the following: (a) Regular education programs consistent with subparagraph (A) of paragraph (5) of subsection (a) of Section 1412 of Title 20 of the United States Code and implementing regulations. (b) A resource specialist program pursuant to Section 56362. (c) Designated instruction and services pursuant to Section 56363. (d) Special classes pursuant to Section 56364.2. (e) Nonpublic, nonsectarian school services pursuant to Section 56365. (f) State special schools pursuant to Section 56367. (g) Instruction in settings other than classrooms where specially designed instruction may occur. (h) Itinerant instruction in classrooms, resource rooms, and settings other than classrooms where specially designed instruction may occur to the extent required by federal law or regulation. (i) Instruction using telecommunication, and instruction in the home, in hospitals, and in other institutions to the extent required by federal law or regulation. (Amended by Stats. 2004, Ch. 896, Sec. 59. Effective September 29, 2004.)
  142. 56361.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Special education and related services for an individual with exceptional needs under age 3 must be provided under Chapter 4.4, starting with Section 56425.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56361.2. All special education and related services for any individual with exceptional needs who is younger than three years of age shall be provided pursuant to Chapter 4.4 (commencing with Section 56425). (Added by Stats. 1986, Ch. 1296, Sec. 5.5. Operative July 1, 1987, by Sec. 25 of Ch. 1296.)
  143. 56361.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    A local educational agency may contract with a hospital for designated instruction and services for an individual with exceptional needs, but not with a sectarian hospital for instructional services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56361.5. (a) In addition to the continuum of program options listed in Section 56361, a local educational agency may contract with a hospital to provide designated instruction and services, as defined in subdivision (b) of Section 56363, required by the individual with exceptional needs, as specified in the individualized education program. However, a local educational agency shall not contract with a sectarian hospital for instructional services. A local educational agency shall contract with a hospital for designated instruction and services required by the individual with exceptional needs only when no appropriate public education program is available. For purposes of this section, “hospital” means a health care facility licensed by the State Department of Health Care Services. (b) Contracts with hospitals pursuant to subdivision (a) shall be subject to the procedures prescribed in Sections 56365, 56366, and 56366.5. (Amended by Stats. 2007, Ch. 56, Sec. 55. Effective January 1, 2008.)
  144. 56362.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The resource specialist program must provide specified special education supports, and resource specialists face staffing and caseload limits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56362. (a) The resource specialist program shall provide, but not be limited to, all of the following: (1) Provision for a resource specialist or specialists who shall provide instruction and services for those pupils whose needs have been identified in an individualized education program developed by the individualized education program team and who are assigned to regular classroom teachers for a majority of a schoolday. (2) Provision of information and assistance to individuals with exceptional needs and their parents. (3) Provision of consultation, resource information, and material regarding individuals with exceptional needs to their parents and to regular staff members. (4) Coordination of special education services with the regular school programs for each individual with exceptional needs enrolled in the resource specialist program. (5) Monitoring of pupil progress on a regular basis, participation in the review and revision of individualized education programs, as appropriate, and referral of pupils who do not demonstrate appropriate progress to the individualized education program team. (6) Emphasis at the secondary school level on academic achievement, career and vocational development, and preparation for adult life. (b) The resource specialist program shall be under the direction of a resource specialist who is a credentialed special education teacher, or who has a clinical services credential with a special class authorization, who has had three or more years of teaching experience, including both regular and special education teaching experience, as defined by rules and regulations of the Commission on Teacher Credentialing, and who has demonstrated the competencies for a resource specialist, as established by the Commission on Teacher Credentialing. (c) Caseloads for resource specialists shall be stated in the local policies developed pursuant to Section 56195.8 and in accordance with regulations established by the board. A resource specialist shall not have a caseload that exceeds 28 pupils. (d) Resource specialists shall not simultaneously be assigned to serve as resource specialists and to teach regular classes. (e) Resource specialists shall not enroll a pupil for a majority of a schoolday without approval by the pupil’s individualized education program team. (f) At least 80 percent of the resource specialists within a local plan shall be provided with an instructional aide. (g) Local educational agencies shall take all reasonable steps to distribute the workload associated with initial assessments across all resource specialists employed by the local educational agency in an equal manner, unless otherwise collectively bargained. (Amended by Stats. 2025, Ch. 560, Sec. 1. (AB 560) Effective January 1, 2026.)
  145. 56362.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    For Section 56362, “caseload” includes, at minimum, all pupils for whom the resource specialist performs the services described in Section 56362(a).

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56362.1. For the purposes of Section 56362, “caseload” shall include, but not be limited to, all pupils for whom the resource specialist performs any of the services described in subdivision (a) of Section 56362. (Added by Stats. 1981, Ch. 972, Sec. 5.)
  146. 56362.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The Commission on Teacher Credentialing must adopt rules for a resource specialist certificate of competence and set up related application, issuance, verification, and cooperation provisions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56362.5. By July 1982, the Commission on Teacher Credentialing shall adopt rules and regulations for a resource specialist certificate of competence. The certificate shall provide all the following: (a) Definition of the competencies required of a resource specialist. (b) Provision for a system of direct application to the commission for a certificate of competence for each teacher who holds a valid special education credential, other than an emergency credential, and who satisfies any one of the following criteria: (1) Provided instruction and services as specified in subdivision (a) of Section 80070.1 of Title 5 of the California Administrative Code as it read immediately prior to July 28, 1980, for two years prior to September 1, 1981. (2) Provided instruction and services as specified in subdivision (b) of Section 80070.2 of Title 5 of the California Administrative Code as it read immediately prior to July 28, 1980, for two years prior to June 30, 1983. (c) Provision for the issuance, for up to three years, of a preliminary nonrenewable certificate of competence for the resource specialist, and adoption of the standards for the issuance and continuing validity of such a certificate. (d) Establishment of a system for verification of competencies through both of the following: (1) Commission on Teacher Credentialing approved institution of higher education resource specialist certificate program. (2) Commission on Teacher Credentialing approved competency assessment panels for resource specialist certification. (e) Cooperation with the department in implementing these provisions. Notwithstanding any other provision of law, any person who held a preliminary resource specialist certificate of competence on January 28, 1982, and who met the requirements for a clear resource specialist certificate of competence as specified in paragraph (1) of subdivision (b) may be issued a clear resource specialist certificate of competence upon submission of a completed application, but without any additional fee. (Amended by Stats. 1984, Ch. 144, Sec. 27.)
  147. 56362.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The commission must develop and issue bilingual-crosscultural assessment certificates for certain special education professionals who meet the stated qualifications.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56362.7. (a) The Legislature recognizes the need for specially trained professionals to assess and serve pupils of limited English proficiency. This is particularly true of pupils with exceptional needs or pupils with suspected disabilities. (b) The commission shall develop a bilingual-crosscultural certificate of assessment competence for those professionals who may participate in assessments for placements in special education programs. The certificate shall be issued to holders of appropriate credentials, certificates, or authorizations who demonstrate, by written and oral examination, all of the following: (1) That the person is competent in both the oral and written skills of a language other than English. (2) That the person has both the knowledge and understanding of the cultural and historical heritage of the limited-English-proficient individuals to be served. (3) That the person has the ability to perform the assessment functions the candidate is certified or authorized to perform in English and in a language other than English. (4) That the person has knowledge of the use of instruments and other assessment techniques appropriate to evaluate limited-English-proficient individuals with exceptional needs and ability to develop appropriate data, instructional strategies, individualized education programs, and evaluations. (c) Certificates of bilingual-crosscultural competence for special education professionals who implement individual education plans requiring bilingual services shall be granted by the commission pursuant to Section 44253.7. (d) It is not the intent of the Legislature in enacting this section that possession of any certificate established by this section be a state-mandated requirement for employment or continued employment. It is the intent that this is a matter for local educational agencies to determine. (Amended by Stats. 2005, Ch. 677, Sec. 46. Effective October 7, 2005.)
  148. 56363.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section defines “designated instruction and services” and “related services” for special education, lists examples of those services, and excludes surgically implanted medical devices and related device maintenance from that definition.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56363. (a) As used in this part, the term “designated instruction and services” means “related services” as that term is defined in Section 1401(26) of Title 20 of the United States Code and Section 300.34 of Title 34 of the Code of Federal Regulations. The term “related services” means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable an individual with exceptional needs to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation, and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist an individual with exceptional needs to benefit from special education, and includes the early identification and assessment of disabling conditions in children. (b) These services may include, but are not limited to, the following: (1) Language and speech development and remediation. The language and speech development and remediation services may be provided by a speech-language pathology assistant as defined in Section 2530.2 of the Business and Professions Code. (2) Audiological services. (3) Orientation and mobility services. (4) Instruction in the home or hospital. (5) Adapted physical education. (6) Physical and occupational therapy. (7) Vision services. (8) Specialized driver training instruction. (9) Counseling and guidance services, including rehabilitation counseling. (10) Psychological services other than assessment and development of the individualized education program. (11) Parent counseling and training. (12) Health and nursing services, including school nurse services designed to enable an individual with exceptional needs to receive a free appropriate public education as described in the individualized education program. (13) Social worker services. (14) Specially designed vocational education and career development. (15) Recreation services. (16) Specialized services for low-incidence disabilities, such as readers, transcribers, and vision and hearing services. (17) Interpreting services. (c) The terms “designated instruction and services” and “related services” do not include a medical device that is surgically implanted, including cochlear implants, the optimization of the functioning of a medical device, maintenance of that device, or the replacement of that device, pursuant to Section 300.34(b) of Title 34 of the Code of Federal Regulations. In accordance with Section 300.34(b) of Title 34 of the Code of Federal Regulations, nothing in this subdivision shall do any of the following: (1) Limit the right of an individual with exceptional needs with a surgically implanted device, including a cochlear implant, to receive related services or designated instruction and services that are determined by the individualized education program team to be necessary for the individual to receive a free appropriate public education. (2) Limit the responsibility of a local educational agency to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the individual, including breathing, nutrition, or operation of other bodily functions, while the individual is transported to and from school or is at school. (3) Prevent the routine checking of an external component of a surgically implanted device to make sure it is functioning properly, as required by Section 300.113(b) of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2023, Ch. 620, Sec. 2. (SB 612) Effective January 1, 2024.)
  149. 56363.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    A local educational agency does not have to buy medical equipment for an individual pupil, but it must provide other specialized school equipment needed to implement the pupil’s IEP.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56363.1. A local educational agency is not required to purchase medical equipment for an individual pupil. However, the local educational agency is responsible for providing other specialized equipment for use at school that is needed to implement the individualized education program. For purposes of this section, “medical equipment” does not include an assistive technology device, as defined in Section 1401(1) of Title 20 of the United States Code. (Amended by Stats. 2007, Ch. 56, Sec. 57. Effective January 1, 2008.)
  150. 56363.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Special education local plan areas must keep the average caseload for language, speech, and hearing specialists at 55 cases or fewer, unless the local plan sets a higher average caseload and explains why.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56363.3. The average caseload for language, speech, and hearing specialists in special education local plan areas shall not exceed 55 cases, unless the local plan specifies a higher average caseload and the reasons for the greater average caseload. (Amended by Stats. 2007, Ch. 56, Sec. 58. Effective January 1, 2008.)
  151. 56363.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    A public agency may use Medicaid, other public benefits, or insurance to pay for required special education services only if it gives written notice to parents and gets written parental consent before first access and then yearly.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56363.5. Pursuant to Section 300.154(d)(2)(iv) and (v) of Title 34 of the Code of Federal Regulations, if an individual with exceptional needs is covered by public benefits or insurance, a public agency may use Medicaid, other public benefits, or insurance programs in which a pupil participates to provide or pay for the services required by this part, the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Part 300 of Title 34 of the Code of Federal Regulations, if both of the following conditions are met: (a) The public agency provides written notification to the pupil’s parents. (b) The public agency obtains written parental consent before accessing the pupil’s or parents’ public benefits or insurance for the first time, and annually thereafter. (Repealed and added by Stats. 2014, Ch. 327, Sec. 14. (AB 1599) Effective January 1, 2015.)
  152. 56364.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Pupils with low incidence disabilities may be taught in the regular classroom, and they may also be enrolled in special classes taught by appropriately credentialed teachers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56364.1. Notwithstanding the provisions of Section 56364.2, pupils with low incidence disabilities may receive all or a portion of their instruction in the regular classroom and may also be enrolled in special classes taught by appropriately credentialed teachers who serve these pupils at one or more schoolsites. The instruction shall be provided in a manner which is consistent with the guidelines adopted pursuant to Section 56136 and in accordance with the individualized education program. (Amended by Stats. 2004, Ch. 896, Sec. 60. Effective September 29, 2004.)
  153. 56364.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Special classes must be available, public agencies must support mainstream participation for pupils with exceptional needs, and the section applies only to certain local plan areas.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56364.2. (a) Special classes that serve pupils with similar and more intensive educational needs shall be available. The special classes may enroll pupils only when the nature or severity of the disability of the individual with exceptional needs is such that education in the regular classes with the use of supplementary aids and services, including curriculum modification and behavioral support, cannot be achieved satisfactorily. These requirements also apply to separate schooling, or other removal of individuals with exceptional needs from the regular educational environment. (b) In providing or arranging for the provision of activities, each public agency shall ensure that each individual with exceptional needs participates in those activities with nondisabled pupils to the maximum extent appropriate to the needs of the individual with exceptional needs, including nonacademic and extracurricular services and activities. Special classes shall meet standards adopted by the board. (c) This section shall only apply to special education local plan areas that have had a revised local plan approved pursuant to Section 56836.03. (Added by renumbering Section 56364.5 (as added by Stats. 1997, Ch. 854) by Stats. 1998, Ch. 691, Sec. 38. Effective January 1, 1999.)
  154. 56364.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The Superintendent must recommend a maximum adult-to-pupil staffing ratio for certain special classes by July 1, 2027, post it on the department website, consult specified groups, consider listed factors, and report the recommendations by April 1, 2027.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56364.3. (a) On or before July 1, 2027, the Superintendent shall recommend a maximum adult-to-pupil staffing ratio for special classes authorized pursuant to Section 56364.2 for pupils 3 to 22 years of age, inclusive, and post the recommendation on the department’s internet website. (b) In making the recommendation required pursuant to subdivision (a), the Superintendent shall do all of the following: (1) (A) Consult with all of the following individuals: (i) Current credentialed education specialists teaching in a special class setting. A majority of the individuals consulted pursuant to this paragraph shall meet this requirement. (ii) Administrators and chief business officials serving at schoolsites, school districts, county offices of education, and special education local plan areas. (iii) Paraprofessionals serving in special class settings. (iv) Parents of pupils with exceptional needs who are served in special class settings. (B) The individuals consulted pursuant to subparagraph (A) shall represent the state’s geographic diversity, including, but not limited to, rural, urban, and high-need regions. (2) Consult with researchers and representatives with expertise in inclusive practices and advocates focused on equity and disability rights. (3) Consider all of the following: (A) The varying needs of pupils, including pupils with mild to moderate support needs and pupils with extensive support needs. (B) The varying needs of pupils by age. (C) The types of school settings, including preschools, elementary schools, secondary schools, and nonpublic schools. (D) Existing practices among local educational agencies. (E) Other states’ adult-to-pupil ratios for special classes. (F) Other constraints, including, but not limited to, workforce and facility needs, and conditions in small and rural local educational agencies. (G) The effects on the education of pupils with disabilities in the least restrictive environment, as required by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (H) Determining appropriate staffing ratios to enhance pupil outcomes in accordance with the principles of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and state law. (I) The supports needed for general education and special education educators to succeed in implementing inclusive models. (c) Notwithstanding Section 10231.5 of the Government Code, the Superintendent shall report their recommendations to the appropriate policy and fiscal committees of the Legislature and the state board on or before April 1, 2027, consistent with the requirements of Section 9795 of the Government Code. (Added by Stats. 2025, Ch. 560, Sec. 2. (AB 560) Effective January 1, 2026.)
  155. 56365.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    This section governs special education services and out-of-state placements involving nonpublic, nonsectarian schools or agencies.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56365. (a) Services provided by nonpublic, nonsectarian schools, as defined pursuant to Section 56034, and nonpublic, nonsectarian agencies, as defined pursuant to Section 56035, shall be made available. These services shall be provided pursuant to Section 56366, and in accordance with Section 300.146 of Title 34 of the Code of Federal Regulations, under contract with the local educational agency to provide the appropriate special educational facilities, special education, or designated instruction and services required by the individual with exceptional needs if no appropriate public education program is available. (b) Pupils enrolled in nonpublic, nonsectarian schools and agencies under this section shall be deemed to be enrolled in public schools for all purposes of Chapter 4 (commencing with Section 41600) of Part 24 of Division 3 and Section 42238.02. The local educational agency shall be eligible to receive allowances under Articles 3 (commencing with Section 56836.165) and 4 (commencing with Section 56836.20) of Chapter 7.2 for services that are provided to individuals with exceptional needs pursuant to the contract. (c) If the state participates in the federal program of assistance for state-operated or state-supported programs for individuals with exceptional needs (Public Law 89-313, Sec. 6), pupils enrolled in nonpublic, nonsectarian schools shall be deemed to be enrolled in state-supported institutions for all purposes of that program and shall be eligible to receive allowances under Chapter 7.2 (commencing with Section 56836) for supplemental services provided to individuals with exceptional needs pursuant to a contract with a local educational agency. In order to participate in the federal program, the state shall find that participation will not result in any additional expenditures from the General Fund. (d) The local educational agency shall pay to the nonpublic, nonsectarian school the full amount of the tuition or to the nonpublic, nonsectarian agency fees, as applicable, for individuals with exceptional needs that are enrolled in programs or receiving services provided by the nonpublic, nonsectarian school or agency pursuant to the contract. (e) Before contracting with a nonpublic, nonsectarian school or agency outside of this state, the local educational agency shall document its efforts to use public schools or to locate an appropriate nonpublic, nonsectarian school or agency program, or both, within the state. (f) If a local educational agency places a pupil with a nonpublic, nonsectarian school or agency outside of this state, the pupil’s individualized education program team shall submit a report to the Superintendent within 15 days of the placement decision. The report shall include information about the special education and related services provided by the out-of-state program placement and the costs of the special education and related services provided, and shall indicate the efforts of the local educational agency to locate an appropriate public school or nonpublic, nonsectarian school or agency, or a combination thereof, within the state. The Superintendent shall submit a report to the board on all placements made outside of this state. (g) If a local educational agency decides to place a pupil with a nonpublic, nonsectarian school or agency outside of this state, that local educational agency shall indicate the anticipated date for the return of the pupil to a public or nonpublic, nonsectarian school or agency placement, or a combination thereof, located in the state and shall document efforts during the previous placement year to return the pupil. (h) In addition to meeting the requirements of Section 56366.1, a nonpublic, nonsectarian school or agency that operates a program outside of this state shall be certified or licensed by that state to provide, respectively, special education and related services and designated instruction and related services to pupils under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (i) A nonpublic, nonsectarian school or agency that is located outside of this state is eligible for certification pursuant to Section 56366.1 only if a pupil is enrolled in a program operated by that school or agency pursuant to the recommendation of an individualized education program team in California, and if that pupil’s parents or guardians reside in California. (j) In accordance with Section 300.147(b) and (c) of Title 34 of the Code of Federal Regulations, the department shall disseminate copies of applicable standards to each nonpublic, nonsectarian school and nonpublic, nonsectarian agency to which a local educational agency has referred or placed an individual with exceptional needs and shall provide an opportunity for those nonpublic, nonsectarian schools and nonpublic, nonsectarian agencies to participate in the development and revision of state standards that apply to those entities. (Amended by Stats. 2019, Ch. 454, Sec. 2. (AB 1172) Effective January 1, 2020.)
  156. 56366.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    This section requires contracts for nonpublic, nonsectarian special education services to spell out key terms, include individual pupil agreements, and limit changes and transportation terms. It also sets review, reporting, testing, termination, payment, and certification requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56366. It is the intent of the Legislature that the role of a nonpublic, nonsectarian school or agency shall be maintained and continued as an alternative special education service available to a local educational agency and parents. (a) The master contract for nonpublic, nonsectarian school or agency services shall be developed in accordance with the following provisions: (1) The master contract shall specify the general administrative and financial agreements, including teacher-to-pupil ratios, between the nonpublic, nonsectarian school or agency and the local educational agency to provide the special education and designated instruction and services, as well as transportation specified in each pupil’s individualized education program. The administrative provisions of the contract also shall include procedures for recordkeeping and documentation, and the maintenance of school records by the contracting local educational agency to ensure that appropriate high school graduation credit is received by each pupil. The contract may allow for partial or full-time attendance at the nonpublic, nonsectarian school. (2) (A) The master contract shall include an individual services agreement for each pupil placed by a local educational agency that will be negotiated for the length of time for which nonpublic, nonsectarian school or agency special education and designated instruction and services are specified in the pupil’s individualized education program. (B) The master contract shall include a description of the process being utilized by the local educational agency to oversee and evaluate placements in nonpublic, nonsectarian schools, as required by federal law. This description shall include a method for evaluating whether each pupil is making appropriate educational progress. At least once every year, the local educational agency shall do all of the following and, to the extent possible, the following shall be conducted as part of the development and provision of an individualized education program: (i) Evaluate the educational progress of each pupil placed in a nonpublic, nonsectarian school, including all state assessment results pursuant to the requirements of Section 52052. (ii) Consider whether or not the needs of the pupil continue to be best met at the nonpublic, nonsectarian school and whether changes to the individualized education program of the pupil are necessary, including whether the pupil may be transitioned to a public school setting. This consideration shall be made at the meeting required by subdivision (d) of Section 56343. (C) In the case of a nonpublic, nonsectarian school that is owned, operated by, or associated with a licensed children’s institution, the master contract shall include a method for evaluating whether the nonpublic, nonsectarian school is in compliance with the mandate set forth in Section 56366.9 of this code and subdivision (b) of Section 1501.1 of the Health and Safety Code. (3) (A) Changes in educational instruction, services, or placement provided under contract may only be made on the basis of revisions to a pupil’s individualized education program. (B) At any time during the term of the contract or individual services agreement, the parent, the nonpublic, nonsectarian school or agency, or the local educational agency may request a review of a pupil’s individualized education program by the individualized education program team. Changes in the administrative or financial agreements of the master contract that do not alter the individual services agreement that outlines each pupil’s educational instruction, services, or placement may be made at any time during the term of the contract as mutually agreed by the nonpublic, nonsectarian school or agency and the local educational agency. (4) The master contract or individual services agreement may be terminated for cause. The cause shall not be the availability of a public class initiated during the period of the contract unless the parent agrees to the transfer of the pupil to a public school program. To terminate the contract either party shall give 20 days’ notice. (5) The nonpublic, nonsectarian school or agency shall provide all services specified in an individualized education program, unless the nonpublic, nonsectarian school or agency and the local educational agency agree otherwise in the contract or individual services agreement. (6) Related services provided pursuant to a nonpublic, nonsectarian agency master contract shall only be provided during the period of a pupil’s regular or extended school year program, or both, unless otherwise specified by the pupil’s individualized education program. (7) The nonpublic, nonsectarian school or agency shall report attendance of pupils receiving special education and designated instruction and services, as defined by Section 46307, for purposes of submitting a warrant for tuition to each contracting local educational agency. (8) (A) A nonpublic, nonsectarian school is subject to the alternative accountability system developed pursuant to Section 52052 in the same manner as public schools and each pupil placed in the nonpublic, nonsectarian school by a local educational agency shall be tested by qualified staff of the nonpublic, nonsectarian school in accordance with that accountability program. The test results shall be reported by the nonpublic, nonsectarian school to the department. (B) Beginning with the 2006–07 school year testing cycle, each nonpublic, nonsectarian school shall determine its California Assessment of Student Performance and Progress period subject to subdivisions (b) and (c) of Section 60640. The nonpublic, nonsectarian school shall determine this period based on completion of 85 percent of the instructional year at that nonpublic, nonsectarian school, plus and minus 10 days, resulting in a 21-day period. Each nonpublic, nonsectarian school shall notify the district of residence of a pupil enrolled in the school of its testing period. Staff at the nonpublic, nonsectarian school who administer the assessments shall attend the regular testing training sessions provided by the district of residence. If staff from a nonpublic, nonsectarian school have received training from one local educational agency, that training shall be sufficient for all local educational agencies that send pupils to the nonpublic, nonsectarian school. The district of residence shall order testing materials for its pupils that have been placed in the nonpublic, nonsectarian school. The board shall adopt regulations to facilitate the distribution of and collection of testing materials. (9) With respect to a nonpublic, nonsectarian school, the school shall prepare a school accountability report card in accordance with Section 33126. (b) (1) The master contract or individual services agreement shall not include special education transportation provided through the use of services or equipment owned, leased, or contracted by a local educational agency for pupils enrolled in the nonpublic, nonsectarian school or agency unless provided directly or subcontracted by that nonpublic, nonsectarian school or agency. (2) The Superintendent shall withhold 20 percent of the amount apportioned to a local educational agency for costs related to the provision of nonpublic, nonsectarian school or agency placements if the Superintendent finds that the local educational agency is in noncompliance with this subdivision. This amount shall be withheld from the apportionments in the fiscal year following the Superintendent’s finding of noncompliance. The Superintendent shall take other appropriate actions to prevent noncompliant practices from occurring and report to the Legislature on those actions. (c) (1) If a pupil is enrolled in a nonpublic, nonsectarian school or agency with the approval of the local educational agency prior to agreement to a contract or individual services agreement, the local educational agency shall issue a warrant, upon submission of an attendance report and claim, for an amount equal to the number of creditable days of attendance at the per diem tuition rate agreed upon prior to the enrollment of the pupil. This provision shall be allowed for 90 days during which time the contract shall be consummated. (2) If after 60 days the master contract or individual services agreement has not been finalized as prescribed in paragraph (1) of subdivision (a), either party may appeal to the county superintendent of schools, if the county superintendent of schools is not participating in the local plan involved in the nonpublic, nonsectarian school or agency contract, or the Superintendent, if the county superintendent of schools is participating in the local plan involved in the contract, to negotiate the contract. Within 30 days of receipt of this appeal, the county superintendent of schools or the Superintendent, or his or her designee, shall mediate the formulation of a contract, which shall be binding upon both parties. (d) A master contract for special education and related services provided by a nonpublic, nonsectarian school or agency may not be authorized under this part, unless the school or agency has been certified as meeting those standards relating to the required special education and specified related services and facilities for individuals with exceptional needs. The certification shall result in the nonpublic, nonsectarian school or agency receiving approval to educate pupils under this part for a period no longer than 18 months from the date of the initial approval. (e) By September 30, 1998, the procedures, methods, and regulations for the purposes of contracting for nonpublic, nonsectarian school and agency services pursuant to this section and for reimbursement pursuant to Sections 56836.165 and 56836.20 shall be developed by the Superintendent in consultation with statewide organizations representing providers of special education and designated instruction and services. The regulations shall be established by rules and regulations issued by the board. (Amended by Stats. 2015, Ch. 386, Sec. 26. (SB 436) Effective January 1, 2016.)
  157. 56366.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    A nonpublic, nonsectarian school or agency that wants certification must apply to the Superintendent and include required information, pay the fee, and comply with training, recordkeeping, and monitoring requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56366.1. (a) A nonpublic, nonsectarian school or agency that seeks certification shall file an application with the Superintendent on forms provided by the department, and shall include all of the following information on the application: (1) A description of the special education and designated instruction and services provided to individuals with exceptional needs if the application is for nonpublic, nonsectarian school certification. (2) A description of the designated instruction and services provided to individuals with exceptional needs if the application is for nonpublic, nonsectarian agency certification. (3) A list of appropriately qualified staff, a description of the credential, license, or registration that qualifies each staff member rendering special education or designated instruction and services to do so, and copies of their credentials, licenses, or certificates of registration with the appropriate state or national organization that has established standards for the service rendered. (4) (A) (i) Commencing with the 2020–21 school year, documentation that the nonpublic, nonsectarian school or agency will train staff who will have contact or interaction with pupils during the schoolday in the use of evidence-based practices and interventions specific to the unique behavioral needs of the nonpublic, nonsectarian school’s or agency’s pupil population. The training shall be provided within 30 days of employment to new staff who have any contact or interaction with pupils during the schoolday, and annually to all staff who have any contact or interaction with pupils during the schoolday. (ii) For a nonpublic, nonsectarian school or agency that was in existence as of the January 1 immediately preceding a school year, documentation that the nonpublic, nonsectarian school’s or agency’s staff members who will have contact or interaction with pupils during the schoolday have received training that complies with the requirements of subparagraphs (B) and (C). (B) The training described in this paragraph shall be selected and conducted by the nonpublic, nonsectarian school or agency and shall satisfy all of the following conditions: (i) Be conducted by persons licensed or certified in fields related to the evidence-based practices and interventions being taught. (ii) Be taught in a manner consistent with the development and implementation of individualized education programs. (iii) Be consistent with the requirements of Article 5.2 (commencing with Section 49005) of Chapter 6 of Part 27, relating to pupil discipline. (C) The content of the training described in this paragraph shall include, but is not limited to, all of the following: (i) Positive behavioral intervention and supports, including collection, analysis, and use of data to inform, plan, and implement behavioral supports. (ii) How to understand and address challenging behaviors, including evidence-based strategies for preventing those behaviors. (iii) Evidence-based interventions for reducing and replacing challenging behaviors, including de-escalation techniques. (D) (i) The contracting local educational agency shall verify the nonpublic, nonsectarian school’s or agency’s compliance with the requirements of this paragraph, and the nonpublic, nonsectarian school or agency shall report the contracting local educational agency’s verification to the Superintendent annually with the annual certification documents described in subdivision (h). (ii) For a nonpublic, nonsectarian school or agency seeking initial certification, the contracting local educational agency shall verify that the plan and timeline for training provided pursuant to this paragraph are included in the master contract. (iii) For a nonpublic, nonsectarian school or agency not in existence as of the January 1 immediately preceding a school year, the contracting local educational agency shall, 30 days following the commencement of the school year, verify that the nonpublic, nonsectarian school or agency provided the training required by this paragraph, and shall submit the verification to the Superintendent at that time. (iv) The nonpublic, nonsectarian school or agency shall maintain written records of the training provided pursuant to this paragraph, and shall provide written verification of the training upon request. (5) Commencing with the 2021–22 school year, documentation that the administrator of the nonpublic, nonsectarian school holds or is in the process of obtaining one of the following: (A) An administrative credential granted by an accredited postsecondary educational institution and two years of experience with pupils with disabilities. (B) A pupil personnel services credential that authorizes school counseling or psychology. (C) A license as a clinical social worker issued by the Board of Behavioral Sciences. (D) A license in psychology regulated by the Board of Psychology. (E) A master’s degree issued by an accredited postsecondary institution in education, special education, psychology, counseling, behavioral analysis, social work, behavioral science, or rehabilitation. (F) A credential authorizing special education instruction and at least two years of experience teaching in special education before becoming an administrator. (G) A license as a marriage and family therapist certified by the Board of Behavioral Sciences. (H) A license as an educational psychologist issued by the Board of Behavioral Sciences. (I) A license as a professional clinical counselor issued by the Board of Behavioral Sciences. (6) An annual operating budget. (7) Affidavits and assurances necessary to comply with all applicable federal, state, and local laws and regulations that include criminal record summaries required of all nonpublic, nonsectarian school or agency personnel having contact with minor children under Section 44237. (8) Assurances of compliance with Article 5 (commencing with Section 49000) and Article 5.2 (commencing with Section 49005) of Chapter 6 of Part 27, and Section 56521.1, relating to behavioral interventions. (9) Commencing with the 2024–25 school year, a nonpublic nonsectarian school shall include assurances that for any pupil served by the school who is a foster child as defined in subdivision (a) of Section 48853.5, the school agrees to do both of the following: (A) Serve as the school of origin of the foster child, as applicable pursuant to subdivision (g) of Section 48853.5. (B) Allow the foster child to continue their education in the school, as applicable pursuant to subdivisions (f) and (g) of Section 48853.5. (b) (1) The applicant shall provide the special education local plan area in which the applicant is located with the written notification of its intent to seek certification or renewal of its certification. The local educational agency representatives shall acknowledge that they have been notified of the intent to certify or renew certification. The acknowledgment shall include a statement that representatives of the local educational agency for the area in which the applicant is located have had the opportunity to review the application at least 60 calendar days before submission of an initial application to the Superintendent, or at least 30 calendar days before submission of a renewal application to the Superintendent. The acknowledgment shall provide assurances that local educational agency representatives have had the opportunity to provide input on all required components of the application. (2) If the local educational agency has not acknowledged an applicant’s intent to be certified 60 calendar days from the date of submission for initial applications or 30 calendar days from the date of the return receipt for renewal applications, the applicant may file the application with the Superintendent. (3) The department shall provide electronic notification of the availability of renewal application materials to certified nonpublic, nonsectarian schools and agencies at least 120 days before the date their current certification expires. (c) If the applicant operates a facility or program on more than one site, each site shall be certified. (d) If the applicant is part of a larger program or facility on the same site, the Superintendent shall consider the effect of the total program on the applicant. A copy of the policies and standards for the nonpublic, nonsectarian school or agency and the larger program shall be available to the Superintendent. (e) (1) Before certification, the Superintendent shall conduct an onsite review of the facility and program for which the applicant seeks certification. The Superintendent may be assisted by representatives of the special education local plan area in which the applicant is located and a nonpublic, nonsectarian school or agency representative who does not have a conflict of interest with the applicant. The Superintendent shall conduct an additional onsite review of the facility and program within three years of the effective date of the certification, unless the Superintendent conditionally certifies the nonpublic, nonsectarian school or agency, or unless the Superintendent receives a formal complaint against the nonpublic, nonsectarian school or agency. In the latter two cases, the Superintendent shall conduct an onsite review at least annually. (2) In carrying out paragraph (1), the Superintendent may verify that the nonpublic, nonsectarian school or agency has received a successful criminal background check clearance and has enrolled in subsequent arrest notice service, pursuant to Section 44237, for each owner, operator, and employee of the nonpublic, nonsectarian school or agency. (3) Commencing with the 2026–27 school year, the Superintendent shall also do all of the following before certifying a nonpublic, nonsectarian school located outside of California: (A) Review assurances provided pursuant to paragraph (8) of subdivision (a) relating to behavioral interventions to evaluate consistency with California laws. (B) Ensure that pupils have been provided a copy of their rights and procedural safeguards, as referenced in Section 300.504(a) of Title 34 of the Code of Federal Regulations, and information on how to contact the department’s Constituent Services Office, upon admission to the nonpublic, nonsectarian school and that this information is accessible and require the telephone number for the department’s Constituent Services Office to be prominently displayed at the nonpublic, nonsectarian school. (C) Review policies, procedures, and practices of the nonpublic, nonsectarian school to determine if there is a clear and confidential process for residents to report grievances without fear of retaliation and review the process for investigating and reporting internal and external resident complaints. (D) Examine the use of positive behavioral reinforcement systems, including if the nonpublic, nonsectarian school correctly implements behavior intervention pursuant to Chapter 5.5 (commencing with Section 56520) and manifestation determinations pursuant to Section 300.530(e) of Title 34 of the Code of Federal Regulations, and provide a copy of the nonpublic, nonsectarian school’s policies on behavior intervention to pupils and parents of pupils enrolled in the nonpublic, nonsectarian school. (E) Review protocols for identifying signs of abuse or neglect, both physical and psychological, for consistency with the mandated reporting requirements of Section 11165.7 of the Penal Code, ensure that all staff are trained to recognize these signs, and review any behavior emergency reports required pursuant to Section 56521.1 to ensure compliance with that section. (4) Commencing with the 2020–21 school year, a local educational agency that enters into a master contract with a nonpublic, nonsectarian school shall conduct, at minimum, all of the following: (A) An onsite visit to the nonpublic, nonsectarian school before placement of a pupil if the local educational agency does not have any pupils enrolled at the school at the time of placement. (B) At least one onsite monitoring visit during each school year to the nonpublic, nonsectarian school at which the local educational agency has a pupil attending and with which it maintains a master contract. The monitoring visit shall include, but is not limited to, a review of services provided to the pupil through the individual service agreement between the local educational agency and the nonpublic, nonsectarian school, a review of progress the pupil is making toward the goals set forth in the pupil’s individualized education program, a review of progress the pupil is making toward the goals set forth in the pupil’s behavioral intervention plan, if applicable, an observation of the pupil during instruction, a walkthrough of the facility, and, for a pupil placed in a nonpublic, nonsectarian school located outside of California, an in-person interview with the pupil, in a manner consistent with the pupil’s individualized education program, to evaluate the pupil’s health and safety. The local educational agency shall report the findings resulting from the monitoring visit to the department, using the “Local Educational Agency Onsite Visit for Nonpublic School” form developed and published by the department on its internet website, within 60 calendar days of the onsite visit. On or before July 1, 2026, the department shall update the form to additionally require, for nonpublic, nonsectarian schools located outside of California, all of the following findings to be reported to the department: (i) A summary of the local educational agency’s interview of pupils to assess their perceptions of the nonpublic, nonsectarian school and the services provided, including whether pupils feel that they are treated with respect and dignity and whether nonpublic, nonsectarian school staff maintain appropriate professional boundaries. The local educational agency may also use the tool used by the Superintendent to conduct interviews or develop its own interview tool and shall respect any limitations caused by the pupil’s disability and conduct the interview in a manner consistent with the pupil’s individualized education program. (ii) Evidence of positive behavioral support, for which the local educational agency shall examine the use of positive behavioral reinforcement systems, including if the nonpublic, nonsectarian school correctly implements behavior intervention pursuant to Chapter 5.5 (commencing with Section 56520) and manifestation determinations pursuant to Section 300.530(e) of Title 34 of the Code of Federal Regulations. (iii) Evidence of screening for abuse and neglect, for which the local educational agency shall review the protocols for identifying signs of abuse or neglect, both physical and psychological, and ensure that all staff are trained to recognize these signs through a review of any behavior emergency reports required pursuant to Section 56521.1. (C) A quarterly check-in with a pupil attending the nonpublic, nonsectarian school located outside of California through an unmonitored telephone call, in a manner consistent with the pupil’s individualized education program. (f) (1) The Superintendent shall make a determination on an application within 120 days of receipt of the application and shall certify, conditionally certify, or deny certification to the applicant. If the Superintendent fails to take one of these actions within 120 days, the applicant is automatically granted conditional certification for a period terminating on August 31 of the current school year. If certification is denied, the Superintendent shall provide reasons for the denial. The Superintendent shall not certify the nonpublic, nonsectarian school or agency for a period longer than one year. (2) Commencing with the 2026–27 school year, for a nonpublic, nonsectarian school located outside of California, the Superintendent shall make available, upon request from a local educational agency or a special education local plan area, the following information, if available: (A) The certification status of the nonpublic, nonsectarian school or agency, including whether certification was granted, denied, revoked, suspended, or granted with conditions. (B) A summary of the findings supporting the Superintendent’s determination, including any corrective actions or areas of noncompliance identified. (C) Access to relevant documentation used to support the determination, including compliance review reports and any findings resulting from onsite monitoring visits. (3) A local educational agency shall disclose the information received in paragraph (2), if available, to the parent or guardian at the time the individualized education program team considers placement of the pupil in a nonpublic, nonsectarian school or agency. (4) The local educational agency shall document in the individualized education program that the information described in paragraph (2), if available, was provided to the parent or guardian and that the parent or guardian was given an opportunity to review and discuss the information as part of the placement decision. (5) This subdivision does not authorize the disclosure of any personally identifiable information and shall be consistent with applicable state and federal pupil privacy laws. (g) Certification becomes effective on the date the nonpublic, nonsectarian school or agency meets all the application requirements and is approved by the Superintendent. Certification may be retroactive if the nonpublic, nonsectarian school or agency met all the requirements of this section on the date the retroactive certification is effective. Certification expires on December 31 of the terminating year. (h) The Superintendent annually shall review the certification of each nonpublic, nonsectarian school or agency. For this purpose, a certified nonpublic, nonsectarian school or agency annually shall update its application between August 1 and October 31, unless the state board grants a waiver pursuant to Section 56101. The Superintendent may conduct an onsite review as part of the annual review. (i) (1) The Superintendent shall conduct an investigation of a nonpublic, nonsectarian school or agency onsite at any time without prior notice if there is substantial reason to believe that there is an immediate danger to the health, safety, or welfare of a child. The Superintendent shall document the concern and submit it to the nonpublic, nonsectarian school or agency at the time of the onsite investigation. The Superintendent shall require a written response to any noncompliance or deficiency found. (2) A nonpublic, nonsectarian school or agency shall notify the department and the local educational agency with which it has a master contract of any pupil-involved incident at the school or agency in which law enforcement was contacted. This notification shall be provided in writing, no later than one business day after the incident occurred. (3) With respect to a nonpublic, nonsectarian school or agency, the Superintendent shall conduct an investigation, which may include an unannounced onsite visit, if the Superintendent receives evidence of a significant deficiency in the quality of educational services provided, a violation of Section 56366.9, or noncompliance with the policies expressed by subdivision (b) of Section 1501 of the Health and Safety Code by the nonpublic, nonsectarian school or agency. The Superintendent shall document the complaint and the results of the investigation and shall provide copies of the documentation to the complainant, the nonpublic, nonsectarian school or agency, and the contracting local educational agency. (4) Violations or noncompliance documented pursuant to paragraph (1) or (3) shall be reflected in the status of the certification of the nonpublic, nonsectarian school or agency, at the discretion of the Superintendent, pending an approved plan of correction by the nonpublic, nonsectarian school or agency. The department shall retain for a period of 10 years all violations pertaining to certification of the nonpublic, nonsectarian school or agency. (5) In carrying out this subdivision, the Superintendent may verify that the nonpublic, nonsectarian school or agency received a successful criminal background check clearance and has enrolled in subsequent arrest notice service, pursuant to Section 44237, for each owner, operator, and employee of the nonpublic, nonsectarian school or agency. (j) The Superintendent shall monitor the facilities, the educational environment, and the quality of the educational program, including the teaching staff, the credentials authorizing service, the standards-based core curriculum being employed, and the standards-focused instructional materials used, of an existing certified nonpublic, nonsectarian school or agency on a three-year cycle, as follows: (1) The nonpublic, nonsectarian school or agency shall complete a self-review in year one. (2) The Superintendent shall conduct an onsite review of the nonpublic, nonsectarian school or agency in year two. (3) The Superintendent shall conduct a followup visit to the nonpublic, nonsectarian school or agency in year three. (k) (1) During an onsite review of a nonpublic, nonsectarian school located outside of California, the Superintendent shall interview all pupils with individualized education programs to discuss progress and address any concerns respecting any limitations due to the pupils’ disabilities at the following times: (A) If the nonpublic, nonsectarian school is the subject of an investigation pursuant to subdivision (i). (B) If there is a change in certification status or during the year-three monitoring followup visit specified in paragraph (3) of subdivision (j). (C) If the nonpublic, nonsectarian school has pupil-level findings from year two. (2) On or before July 1, 2026, the Superintendent shall develop an interview tool to be used for interviews with pupils to assess the pupils’ perceptions of the nonpublic, nonsectarian school and the services provided, discuss progress, and address any concerns. The interview tool shall require interviews to include, at minimum, the pupil’s perceptions of being treated with respect and dignity and of whether the staff maintain appropriate professional boundaries. This tool shall be made available to local educational agencies upon request to conduct interviews. (l) (1) Notwithstanding any other law, the Superintendent shall not certify a nonpublic, nonsectarian school or agency that proposes to initiate or expand services to pupils currently educated in the immediate prior fiscal year in a juvenile court program, community school pursuant to Section 56150, or other nonspecial education program, including independent study or adult school, or both, unless the nonpublic, nonsectarian school or agency notifies the county superintendent of schools and the special education local plan area in which the proposed new or expanded nonpublic, nonsectarian school or agency is located of its intent to seek certification. (2) The notification shall occur no later than the December 1 before the new fiscal year in which the proposed or expanding school or agency intends to initiate services. The notice shall include the following: (A) The specific date upon which the proposed nonpublic, nonsectarian school or agency is to be established. (B) The location of the proposed program or facility. (C) The number of pupils proposed for services, the number of pupils currently served in the juvenile court, community school, or other nonspecial education program, the current school services including special education and related services provided for these pupils, and the specific program of special education and related services to be provided under the proposed program. (D) The reason for the proposed change in services. (E) The number of staff who will provide special education and designated instruction and services and hold a current valid California credential or license in the service rendered. (3) In addition to the requirements in subdivisions (a) to (f), inclusive, the Superintendent shall require and consider the following in determining whether to certify a nonpublic, nonsectarian school or agency as described in this subdivision: (A) A complete statement of the information required as part of the notice under paragraph (1). (B) Documentation of the steps taken in preparation for the conversion to a nonpublic, nonsectarian school or agency, including information related to changes in the population to be served and the services to be provided pursuant to each pupil’s individualized education program. (4) Notwithstanding any other law, the certification becomes effective no earlier than July 1 if the nonpublic, nonsectarian school or agency provided the notification required pursuant to paragraph (1). (m) (1) Notwithstanding any other law, the Superintendent shall not certify or renew the certification of a nonpublic, nonsectarian school that also operates a licensed children’s institution, unless all of the following conditions are met: (A) The entity operating the nonpublic, nonsectarian school maintains separate financial records for each entity that it operates, with each nonpublic, nonsectarian school identified separately from any licensed children’s institution that it operates. (B) The entity submits an annual budget that identifies the projected costs and revenues for each entity and demonstrates that the rates to be charged are reasonable to support the operation of the entity. (C) The entity submits an entitywide annual audit that identifies its costs and revenues, by entity, in accordance with generally accepted accounting and auditing principles. The audit shall clearly document the amount of moneys received and expended on the educational program provided by the nonpublic, nonsectarian school. (D) The relationship between various entities operated by the same entity are documented, defining the responsibilities of the entities. The documentation shall clearly identify the services to be provided as part of each program, for example, the residential or medical program, the mental health program, or the educational program. The entity shall not seek funding from a public agency for a service, either separately or as part of a package of services, if the service is funded by another public agency, either separately or as part of a package of services. (2) For purposes of this section, “licensed children’s institution” has the same meaning as it is defined by Section 56155.5. (n) (1) The nonpublic, nonsectarian school or agency shall be charged a reasonable fee for certification. The Superintendent may adjust the fee annually commensurate with the statewide average percentage inflation adjustment computed for local control funding formula allocations pursuant to Section 42238.02, as implemented by Section 42238.03, of unified school districts with greater than 1,500 units of average daily attendance if the percentage increase is reflected in the school district local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03, for inflation purposes. For purposes of this section, the base fee shall be the following: (1) 1–5 pupils ........................ $ 300 (2) 6–10 pupils ........................ 500 (3) 11–24 pupils ........................ 1,000 (4) 25–75 pupils ........................ 1,500 (5) 76 pupils and over ........................ 2,000 (2) The nonpublic, nonsectarian school or agency shall pay this fee when it applies for certification and when it updates its application for annual renewal by the Superintendent. The Superintendent shall use these fees to conduct onsite reviews, which may include field experts. A fee shall not be refunded if the application is withdrawn or is denied by the Superintendent. (o) (1) Notwithstanding any other law, only those nonpublic, nonsectarian schools or agencies that provide special education and designated instruction and services using administrators and staff who hold a certificate, permit, or other document equivalent to that which staff in a public school are required to hold in the service rendered are eligible to receive certification. Only those nonpublic, nonsectarian schools or agencies located outside of California that employ staff who hold a current valid credential or license to render special education and related services as required by that state shall be eligible to be certified. Commencing with the 2021–22 school year, this paragraph shall not apply to administrators. (2) Commencing with the 2021–22 school year, notwithstanding any other law, only those nonpublic, nonsectarian schools or agencies that provide special education and related services using administrators who hold or are in the process of obtaining a credential, degree, or license in accordance with paragraph (5) of subdivision (a) are eligible to be certified. (3) The state board shall develop regulations to implement this subdivision. (p) In addition to meeting the standards adopted by the state board, a nonpublic, nonsectarian school or agency shall provide written assurances that it meets all applicable standards relating to fire, health, sanitation, and building safety. (q) (1) Notwithstanding subdivision (n) of Section 44237, and for purposes of enabling the Superintendent to carry out the duties pursuant to this section, a nonpublic, nonsectarian school or agency shall, upon demand, make available to the Superintendent evidence of a successful criminal background check clearance and enrollment in subsequent arrest notice service, conducted pursuant to Section 44237, for each owner, operator, and employee of the nonpublic, nonsectarian school or agency. (2) The nonpublic, nonsectarian school or agency shall retain the evidence and store it in a locked file separate from other files. (Amended by Stats. 2025, Ch. 579, Sec. 4. (SB 373) Effective January 1, 2026.)
  158. 56366.10.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    A nonpublic, nonsectarian school serving special education pupils must certify compliance to the Superintendent and meet several service, staffing, discipline, training, and foster-child requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56366.10. In addition to the certification requirements set forth in Sections 56366 and 56366.1, a nonpublic, nonsectarian school that provides special education and related services to an individual with exceptional needs shall certify in writing to the Superintendent that it meets all of the following requirements: (a) It will not accept a pupil with exceptional needs if it cannot provide or ensure the provision of the services outlined in the pupil’s individualized education program. (b) Pupils have access to the following educational materials, services, and programs that are consistent with each pupil’s individualized education program: (1) (A) For kindergarten and grades 1 to 8, inclusive, state-adopted, standards-based, core curriculum and instructional materials, including technology-based materials as defined in Section 60010. (B) For grades 9 to 12, inclusive, standards-based, core curriculum and instructional materials, including technology-based materials as defined in Section 60010, used by any local educational agency that contracts with the nonpublic, nonsectarian school. (2) College preparatory courses. (3) Extracurricular activities, such as art, sports, music, and academic clubs. (4) Career preparation and vocational training, consistent with transition plans pursuant to state and federal law. (5) Supplemental assistance, including individual academic tutoring, psychological counseling, and career and college counseling. (c) The teachers and staff provide academic instruction and support services to pupils with the goal of integrating pupils into the least restrictive environment pursuant to federal law. (d) The school has and abides by a written policy for pupil discipline that is consistent with state and federal law and regulations. (e) For a school serving pupils with significant behavioral needs or who are on behavioral intervention plans, the school has an individual onsite during school hours who is qualified, and responsible for the design, planning, and implementation of behavioral interventions, as authorized under Section 3051.23 of Title 5 of the California Code of Regulations. (f) Commencing with the 2020–21 school year, the nonpublic, nonsectarian school provides annual training to all staff who have any contact or interaction with pupils during the schoolday. The training is also provided within 30 days of employment to new staff who have any contact or interaction with pupils during the schoolday. The nonpublic, nonsectarian school maintains written records of the training, and will provide written verification of the training upon request. The training shall comply with the requirements of subparagraphs (B) and (C) of paragraph (4) of subdivision (a) of Section 56366.1. (g) Commencing with the 2024–25 school year, for any pupil served by the school who is a foster child as defined in subdivision (a) of Section 48853.5, the school agrees to do both of the following: (1) Serve as the school of origin of the foster child, as applicable pursuant to subdivision (g) of Section 48853.5. (2) Allow the foster child to continue their education in the school, as applicable pursuant to subdivisions (f) and (g) of Section 48853.5. (Amended by Stats. 2023, Ch. 812, Sec. 3. (AB 723) Effective January 1, 2024.)
  159. 56366.11.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The department must run a program to help integrate certain students from nonpublic, nonsectarian schools into public schools and provide related rights and dispute-resolution information; the Foster Child Ombudsman must share education-rights information with foster children; and the department must report on academic progress while protecting student-score confidentiality.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56366.11. (a) The department shall implement a program to integrate individuals with exceptional needs placed in nonpublic, nonsectarian schools into public schools, as appropriate. Under the program, a pupil placed in a nonpublic, nonsectarian school and each individual who has the right to make educational decisions for the pupil shall be informed of all his or her rights relating to the educational placement of the pupil. Existing dispute resolution procedures involving public school enrollment or attendance shall be explained to a pupil placed in a nonpublic, nonsectarian school in an age- and developmentally appropriate manner. The Foster Child Ombudsman shall disseminate the information on education rights to every foster child residing in a licensed children’s institution or foster family home. (b) Following the development of the next statewide assessment contract, the department shall submit to the Legislature a report on the academic progress of pupils attending nonpublic, nonsectarian schools serving individuals with exceptional needs. Using the results of the two most recent years of the Standardized Testing and Reporting (STAR) Program and the California Alternative Performance Assessment, the report shall summarize by district the achievement of all pupils attending a nonpublic, nonsectarian school. The department shall ensure that the report does not violate the confidentiality of individual pupil scores. In addition, the report shall include an academic performance index score for pupils attending nonpublic, nonsectarian schools for each district using the same procedures as under Section 52052. (Amended by Stats. 2005, Ch. 22, Sec. 49. Effective January 1, 2006.)
  160. 56366.12.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    A nonpublic, nonsectarian school must ensure private and confidential communication, including telecommunication, for a pupil with the pupil’s IEP team and the department’s Constituent Services Office, if the pupil wants it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56366.12. A nonpublic, nonsectarian school shall ensure private and confidential communication, including telecommunication, between a pupil of the nonpublic, nonsectarian school and members of the pupil’s individualized education program team and the department’s Constituent Services Office, at the pupil’s discretion. (Amended by Stats. 2025, Ch. 579, Sec. 6. (SB 373) Effective January 1, 2026.)
  161. 56366.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Certain local educational agencies and nonpublic, nonsectarian schools or agencies may ask the Superintendent for a waiver, but the request must explain the reasons and include required supporting information.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56366.2. (a) A local educational agency, nonpublic, nonsectarian school, or nonpublic, nonsectarian agency may petition the Superintendent to waive one or more of the requirements under Sections 56365, 56366, 56366.3, and 56366.6. The petition shall state the reasons for the waiver request, and shall include the following: (1) Sufficient documentation to demonstrate that the waiver is necessary to the content and implementation of a specific pupil’s individualized education program and the pupil’s current placement. (2) The period of time that the waiver will be effective during any one school year. (3) Documentation and assurance that the waiver does not abrogate any right provided to individuals with exceptional needs and their parents or guardians under state or federal law, and does not hinder the compliance of a local educational agency with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and federal regulations relating to those acts. (b) No waiver shall be granted for reimbursement of those costs prohibited under Article 4 (commencing with Section 56836.20) of Chapter 7.2 of Part 30 or for the certification requirements pursuant to Section 56366.1 unless approved by the board pursuant to Section 56101. (c) In submitting the annual report on waivers granted under Section 56101 and this section to the board, the Superintendent shall specify information related to the provision of special education and related services to individuals with exceptional needs through contracts with nonpublic, nonsectarian schools and agencies located in the state, nonpublic, nonsectarian school and agency placements in facilities located out of state, and the specific section waived pursuant to this section. (Amended by Stats. 2007, Ch. 56, Sec. 62. Effective January 1, 2008.)
  162. 56366.4.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The Superintendent may revoke or suspend certification of a nonpublic, nonsectarian school or agency for listed violations, and the department may do so immediately if pupil health or safety is compromised. The Superintendent must also notify local educational agencies and the special education local plan area when certification is suspended or revoked.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56366.4. (a) The Superintendent may revoke or suspend the certification of a nonpublic, nonsectarian school or agency for any of the following reasons: (1) Violation of an applicable state or federal rule or regulation, or aiding, abetting, or permitting the violation of an applicable state or federal rule or regulation. (2) Falsification or intentional misrepresentation of an element of the application, pupil records, or program presented for certification purposes. (3) Conduct in the operation or maintenance of the nonpublic, nonsectarian school or agency that is harmful to the health, welfare, or safety of an individual with exceptional needs, including, but not limited to, the use of interventions prohibited by subdivision (d) of Section 56521.1 and subdivision (a) of Section 49005.8. (4) Failure to comply with a provision in the master contract with the local educational agency. (5) Failure to notify the department in writing of any of the following within 45 days of the occurrence: (A) Changes in credentialed, licensed, or registered staff who render special education and related services, ownership, management, or control of the nonpublic, nonsectarian school or agency. (B) Major modification or relocation of facilities. (C) Significant modification of the nonpublic, nonsectarian school or agency program. (6) Failure to implement recommendations and compliance requirements following an onsite review of the school or agency. (7) Failure to provide appropriate services, supplies, equipment, or facilities for a pupil as required in the pupil’s individualized education program. (8) Failure to notify the Superintendent in writing within 10 days of the revocation or suspension of a license or permit, including, but not limited to, a residential care license, business license, or other required license or permit. (9) Failure to implement a pupil’s individualized education program. (10) Failure to notify the Superintendent in writing within 10 days of the death of a pupil or any other individual of unnatural causes within the school or agency, including the circumstances surrounding the death and appropriate preventative measures being taken or recommended. (b) If an investigation conducted by the department results in a finding that pupil health or safety has been compromised or is in danger of being compromised at a nonpublic, nonsectarian school or agency, the department may immediately suspend or revoke the certification of the nonpublic, nonsectarian school or agency. (c) The Superintendent shall notify contracting local educational agencies and the special education local plan area in which the nonpublic, nonsectarian school or agency is located of the determination to suspend or revoke state certification. (d) If the Superintendent determines that a nonpublic, nonsectarian school or agency has violated the certification requirements pursuant to this section and revokes the certification, the nonpublic, nonsectarian school or agency; the site administrator, business, organization, or entity involved in the administration of the nonpublic, nonsectarian school or agency whose certification was revoked; and the site administrator, business, organization, or entity whose nonpublic, nonsectarian school or agency certification was revoked at any time previously, shall not be eligible to apply for recertification of the school or agency for two full years from the date of revocation. (Amended by Stats. 2025, Ch. 579, Sec. 5. (SB 373) Effective January 1, 2026.)
  163. 56366.45.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    A contracting local educational agency or charter school must notify affected parents within 14 days after learning of a change in a nonpublic, nonsectarian school’s certification status, and must keep a record of the notice for inspection by the department.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56366.45. (a) (1) A contracting local educational agency and a charter school shall, within 14 days of becoming aware of any change to the certification status of a nonpublic, nonsectarian school or agency, notify parents of pupils of the local educational agency or charter school who attend the nonpublic, nonsectarian school or agency through email or regular mail notice of the change in certification status and include a copy of the procedural safeguards as specified in Chapter 5 (commencing with Section 56500). (2) The contracting local educational agency or charter school shall maintain a record of the notice given pursuant to paragraph (1) and shall make this notice available for inspection upon request of the department. (b) For purposes of this section, becoming aware of any change in certification status may include, but is not limited to, receiving notification pursuant to subdivision (c) of Section 56366.4 of a determination to suspend or revoke the certification of the nonpublic, nonsectarian school or agency, including, but not limited to, a determination resulting from a department investigation into pupil restraint or seclusion. (c) For purposes of this section, “parent” has the same meaning as defined in Section 56028. (Added by Stats. 2023, Ch. 64, Sec. 1. (AB 611) Effective January 1, 2024.)
  164. 56366.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    A local educational agency must either pay or explain a requested payment to a nonpublic, nonsectarian school within set deadlines, and a late agency may owe extra monthly charges.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56366.5. (a) Upon receipt of a request from a nonpublic, nonsectarian school for payment for services provided under a contract entered into pursuant to Sections 56365 and 56366, the local educational agency shall either (1) send a warrant for the amount requested within 45 days, or (2) notify the nonpublic, nonsectarian school within 10 working days of any reason why the requested payment shall not be paid. (b) If the local educational agency fails to comply with subdivision (a), the nonpublic, nonsectarian school may require the local educational agency to pay an additional amount of 11/2 percent of the unpaid balance per month until full payment is made. The local educational agency may not claim reimbursement from the state for the additional amount pursuant to any provision of law, including any provision contained in Chapter 3 (commencing with Section 2201) of Part 4 of Division 1 of the Revenue and Taxation Code. (c) Any educational funds received from a local educational agency for the educational costs of individuals with exceptional needs it has placed in nonpublic, nonsectarian schools shall be used solely for those purposes and not for the costs of a residential program. (Amended by Stats. 2004, Ch. 914, Sec. 10. Effective January 1, 2005.)
  165. 56366.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    A nonpublic, nonsectarian school or agency may ask the superintendent to review a certification denial, revocation, or suspension within 20 working days, and the superintendent or designee must issue a written, reasoned decision within 30 working days after the petition is received.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56366.6. (a) Within 20 working days following the nonpublic, nonsectarian school’s or agency’s receipt of the notice of denial, revocation, or suspension of certification, the nonpublic, nonsectarian school or agency may file a written petition to request a review of the decision by the superintendent. The petition may include written arguments or a request to present an oral argument. (b) Within 30 working days after the receipt of the written petition, the superintendent or a designee shall review the decision and the applicant’s petition and render a written, reasoned decision that shall be the final administrative decision. The designee of the superintendent shall be impartial, unbiased, and shall not have participated in the department decision to deny, revoke, or suspend the nonpublic, nonsectarian school or agency certification. (c) Any public education agency that contracts with a certified nonpublic, nonsectarian school or agency may request the superintendent to review the status of the nonpublic school or agency. The request shall be in writing and a copy sent to the nonpublic school or agency. (Added by Stats. 1993, Ch. 939, Sec. 14. Effective October 8, 1993.)
  166. 56366.8.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The department must give advance notice, include the local educational agency, and send final reports when it handles certain certification reviews and complaint investigations involving nonpublic, nonsectarian schools or agencies.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56366.8. The department, as a part of its certification process and complaint investigation process for nonpublic, nonsectarian schools or agencies shall do all of the following: (a) Provide advance notice of certification reviews to the contracting local educational agency, and to the nonpublic, nonsectarian school or agency under certification review. (b) Provide advance notice of complaint investigations to the contracting local educational agency. (c) Include the contracting local educational agency in certification reviews and complaint investigations. (d) Transmit final reports of certification reviews and complaint investigations to local educational agencies, placement agencies, and other public educational agencies that contract with the nonpublic, nonsectarian school or agency. (Amended by Stats. 2007, Ch. 56, Sec. 64. Effective January 1, 2008.)
  167. 56366.9.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    A licensed children’s institution generally may not require, refer, or place pupils in a nonpublic, nonsectarian school, and may provide those services only if no appropriate public alternative educational programs are available.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56366.9. A licensed children’s institution at which individuals with exceptional needs reside shall not require as a condition of residential placement that it provide the appropriate educational programs to those individuals through a nonpublic, nonsectarian school or agency owned, operated by, or associated with, a licensed children’s institution. Those services may only be provided if the special education local plan area determines that appropriate public alternative educational programs are not available. A licensed children’s institution shall not refer a pupil to, or place a pupil in, a nonpublic, nonsectarian school. (Amended by Stats. 2012, Ch. 571, Sec. 5. (SB 121) Effective January 1, 2013.)
  168. 56367.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Placements in state special schools must be based on an IEP team recommendation and a finding that no appropriate placement is available in the local plan area.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56367. (a) Placements in state special schools pursuant to Sections 59020, 59120, and 59220 shall be made only as a result of recommendations from the individualized education program team, upon a finding that no appropriate placement is available in the local plan area. (b) Notwithstanding the provisions of subdivision (a), referrals for further assessment and recommendations to the California Schools for the Deaf and Blind or the Diagnostic Centers, pursuant to Section 56326, shall not constitute placements in state special schools. (Amended by Stats. 1993, Ch. 1296, Sec. 17. Effective October 11, 1993.)
  169. 56368.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    A program specialist must have specified credentials and expertise, may perform listed support and coordination tasks, and is treated as a pupil services employee for Section 41403.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56368. (a) A program specialist is a specialist who holds a valid special education credential, clinical services credential, health services credential, or a school psychologist authorization and has advanced training and related experience in the education of individuals with exceptional needs and a specialized in-depth knowledge in preschool disabilities, career vocational development, or one or more areas of major disabling conditions. (b) A program specialist may do all the following: (1) Observe, consult with, and assist resource specialists, designated instruction and services instructors, and special class teachers. (2) Plan programs, coordinate curricular resources, and evaluate effectiveness of programs for individuals with exceptional needs. (3) Participate in each school’s staff development, program development, and innovation of special methods and approaches. (4) Provide coordination, consultation and program development primarily in one specialized area or areas of his or her expertise. (5) Be responsible for assuring that pupils have full educational opportunity regardless of the district of residence. (c) For purposes of Section 41403, a program specialist shall be considered a pupil services employee, as defined in subdivision (c) of Section 41401. (Amended by Stats. 1992, Ch. 759, Sec. 31. Effective September 21, 1992.)
  170. 56369.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. )

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    A local educational agency may contract with another public agency to provide special education or related services for an individual with exceptional needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 4. Implementation [56360 - 56369] ( Article 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56369. A local educational agency may contract with another public agency to provide special education or related services to an individual with exceptional needs. (Amended by Stats. 2007, Ch. 56, Sec. 65. Effective January 1, 2008.)
  171. 56380.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Review [56380 - 56383] ( Article 5 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The local educational agency must maintain procedures so the individualized education program team reviews and revises each pupil’s program, at least annually, and follows the notice and scheduling rules for the annual review.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Review [56380 - 56383] ( Article 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56380. (a) Pursuant to subparagraphs (A) and (B) of paragraph (4) of subsection (d) of Section 1414 of Title 20 of the United States Code, the local educational agency shall maintain procedures to ensure that the individualized education program team does both of the following: (1) Reviews the pupil’s individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved. (2) Revises the individualized education program as appropriate to address, among other matters, the provisions specified in subdivision (d) of Section 56341.1. (b) The annual review of an individualized education program shall be conducted in accordance with the notice and scheduling requirements for the initial assessment. (c) This section does not preclude other meetings of the individualized education program team from occurring as provided in Section 56343. (Amended by Stats. 2005, Ch. 653, Sec. 34. Effective October 7, 2005.)
  172. 56380.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Review [56380 - 56383] ( Article 5 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The parent and the local educational agency may agree to amend a pupil’s IEP in writing instead of holding a meeting, and the local educational agency must give the parent a revised copy on request and inform the IEP team of the changes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Review [56380 - 56383] ( Article 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56380.1. (a) In making changes to a pupil’s individualized education program after the annual individualized education program meeting for a school year, the parent of the individual with exceptional needs and the local educational agency may agree, pursuant to Section 1414(d)(3)(D) of Title 20 of the United States Code, not to convene an individualized education program meeting for the purposes of making those changes, and instead may develop a written document, signed by the parent and by a representative of the local educational agency, to amend or modify the pupil’s existing individualized education program. (b) Changes to the individualized education program may be made, in accordance with Section 1414(d)(3)(F) of Title 20 of the United States Code and Section 300.324(a)(6) of Title 34 of the Code of Federal Regulations, either by the entire individualized education program team at an individualized education program team meeting, or, as provided in subdivision (a), by amending the individualized education program rather than by redrafting the entire individualized education program. Upon request, a parent shall be provided with a revised copy of the individualized education program with the amendments incorporated. (c) If changes are made to the pupil’s individualized education program, in accordance with subdivisions (a) and (b), the local educational agency shall ensure that the pupil’s individualized education program team is informed of those changes as required by Section 300.324(a)(4)(ii) of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 454, Sec. 25. Effective October 10, 2007.)
  173. 56381.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Review [56380 - 56383] ( Article 5 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section requires reassessments for a pupil’s special education needs on a set schedule and when needed, and it sets consent, notice, review, and follow-up requirements for the local educational agency.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Review [56380 - 56383] ( Article 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56381. (a) (1) A reassessment of the pupil, based upon procedures specified in Section 56302.1 and in Article 2 (commencing with Section 56320), and in accordance with Section 1414(a), (b), and (c) of Title 20 of the United States Code, shall be conducted if the local educational agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the pupil warrant a reassessment, or if the pupil’s parents or teacher requests a reassessment. (2) A reassessment shall occur not more frequently than once a year, unless the parent and the local educational agency agree otherwise, and shall occur at least once every three years, unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary. If the reassessment so indicates, a new individualized education program shall be developed. (b) As part of a reassessment, the individualized education program team and other qualified professionals, as appropriate, shall do the following: (1) Review existing assessment data on the pupil, including assessments and information provided by the parents of the pupil, as specified in Section 300.305(a)(1)(i) of Title 34 of the Code of Federal Regulations, current classroom-based assessments and observations, and teacher and related services providers’ observations. (2) On the basis of the review conducted pursuant to paragraph (1), and input from the parents of the pupil, identify what additional data, if any, is needed to determine: (A) Whether the pupil continues to have a disability described in Section 1401(3) of Title 20 of the United States Code. (B) The present levels of performance and educational needs of the pupil. (C) Whether the pupil continues to need special education and related services. (D) Whether any additions or modifications to the special education and related services are needed to enable the pupil to meet the measurable annual goals set out in the individualized education program of the pupil and to participate, as appropriate, in the general curriculum. (c) The local educational agency shall administer tests and other assessment materials needed to produce the data identified by the individualized education program team. (d) If the individualized education program team and other qualified professionals, as appropriate, determine that no additional data is needed to determine whether the pupil continues to be an individual with exceptional needs, and to determine the educational needs of the pupil, the local educational agency shall notify the parents of the pupil of that determination and the reasons for it, and the right of the parents to request an assessment to determine whether the pupil continues to be an individual with exceptional needs, and to determine the educational needs of the pupil. The local educational agency is not required to conduct an assessment, unless requested by the parents of the pupil. (e) A local educational agency shall assess an individual with exceptional needs in accordance with this section and procedures specified in Article 2 (commencing with Section 56320), as provided in Section 300.306(c)(2) of Title 34 of the Code of Federal Regulations. (f) (1) A reassessment may not be conducted, unless the written consent of the parent is obtained prior to reassessment, except pursuant to subdivision (e) of Section 56506. Pursuant to Section 300.300(c)(1) and (2) of Title 34 of the Code of Federal Regulations, informed parental consent need not be obtained for the reassessment of an individual with exceptional needs if the local educational agency can demonstrate that it has taken reasonable measures to obtain that consent and the parent of the child has failed to respond. (2) To meet the reasonable measure requirements of this subdivision, the local educational agency shall use procedures consistent with those set forth in Section 300.322(d) of Title 34 of the Code of Federal Regulations. (3) If the parent refuses to consent to the reassessment, the local educational agency may, but is not required to, pursue the reassessment by using the consent override procedures described in Section 300.300(a)(3) of Title 34 of the Code of Federal Regulations. (4) The local educational agency does not violate its obligations under Section 300.111 and Sections 300.301 to 300.311, inclusive, of Title 34 of the Code of Federal Regulations if it declines to pursue the reassessment. (g) The individualized education program team and other qualified professionals referenced in subdivision (b) may conduct the review without a meeting, as provided in Section 300.305(b) of Title 34 of the Code of Federal Regulations. (h) Before determining that the individual is no longer an individual with exceptional needs, a local educational agency shall assess the individual in accordance with Section 56320 and this section, as appropriate, and in accordance with Section 1414 of Title 20 of the United States Code. (i) (1) The assessment described in subdivision (h) shall not be required before the termination of a pupil’s eligibility under this part due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for a free appropriate public education under Section 56026. (2) For a pupil whose eligibility under this part terminates under circumstances described in paragraph (1), a local educational agency shall provide the pupil with a summary of the academic achievement and functional performance of the pupil, which shall include recommendations on the manner in which to assist the pupil in meeting his or her postsecondary educational goals as required in Section 1414(c)(5)(B)(ii) of Title 20 of the United States Code. (j) To the extent possible, the local educational agency shall encourage the consolidation of reassessment meetings for the individual with exceptional needs and other individualized education program team meetings for the individual. (Amended by Stats. 2007, Ch. 454, Sec. 26. Effective October 10, 2007.)
  174. 56382.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Review [56380 - 56383] ( Article 5 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Review and reassessment procedures for certain children under age three must follow Chapter 4.4 and the California Early Intervention Services Act.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Review [56380 - 56383] ( Article 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56382. All review and reassessment procedures for individuals with exceptional needs who are younger than three years of age shall be provided pursuant to Chapter 4.4 (commencing with Section 56425) and the California Early Intervention Services Act, Title 14 (commencing with Section 95000) of the Government Code. (Added by Stats. 1993, Ch. 1296, Sec. 17.1. Effective October 11, 1993.)
  175. 56383.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Review [56380 - 56383] ( Article 5 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    After a student with exceptional needs is placed in a nonpublic, nonsectarian school, the local educational agency may let that school conduct IEP review and revision meetings, but the agency remains responsible for compliance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 5. Review [56380 - 56383] ( Article 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56383. Pursuant to Section 300.325(b) of Title 34 of the Code of Federal Regulations, after an individual with exceptional needs is placed in a nonpublic, nonsectarian school under Section 56366, any meetings to review and revise the pupil’s individualized education program may be conducted by the nonpublic, nonsectarian school at the discretion of the local educational agency. However, even if a nonpublic, nonsectarian school implements a child’s individualized education program, responsibility for compliance with this part and with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and implementing regulations remains with the local educational agency pursuant to Section 300.325(c) of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 66. Effective January 1, 2008.)
  176. 56385.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 6. Participation in Statewide and Districtwide Assessment Programs [56385- 56385.] ( Article 6 added by Stats. 2002, Ch. 492, Sec. 35. )

    Verify source ↗

    This section requires students with exceptional needs to be included in statewide and districtwide assessments, with accommodations or alternate assessments when needed, and requires officials to issue guidelines, publish reports, and use universal design principles where feasible.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ( Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9. ) ## ARTICLE 6. Participation in Statewide and Districtwide Assessment Programs [56385- 56385.] ( Article 6 added by Stats. 2002, Ch. 492, Sec. 35. ) ## 56385. (a) As provided in paragraph (16) of subsection (a) of Section 1412 of Title 20 of the United States Code, individuals with exceptional needs shall be included in general statewide and districtwide assessment programs, including assessments described under Section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.), with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individualized education programs. (b) The Superintendent, or in the case of a districtwide assessment, the local educational agency, shall develop and implement guidelines for the participation of individuals with exceptional needs in alternate assessments for those pupils who cannot participate in regular assessments described in subdivision (a) with accommodations as indicated by their respective individualized education programs. The guidelines shall provide for alternate assessments that meet the following requirements: (1) Are aligned with the state’s challenging academic content standards and challenging pupil academic achievement standards. (2) If the state has adopted alternate academic achievement standards permitted under the regulations promulgated to carry out paragraph (1) of subsection (b) of Section 1111 of the Elementary and Secondary Education Act of 1965, measure the achievement of individuals with exceptional needs against those standards. (c) The department, or in the case of a districtwide assessment, the local educational agency, shall make available to the public reports regarding the assessment of pupils that have been identified as individuals with exceptional needs with the same frequency and in the same detail as it reports on the assessment of pupils that have not been so identified, in accordance with subparagraph (D) of paragraph (16) of subsection (a) of Section 1412 of Title 20 of the United States Code. (d) The Superintendent, or, in the case of a districtwide assessment, the local educational agency, shall, to the extent feasible, pursuant to subparagraph (E) of paragraph (16) of subsection (a) of Section 1412 of Title 20 of the United States Code, use universal design principles in developing and administering any assessments under this section. (Amended by Stats. 2005, Ch. 653, Sec. 37. Effective October 7, 2005.)
  177. 56390.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.1. Recognition for Educational Achievement or Completion of Program [56390 - 56392] ( Chapter 4.1 added by Stats. 1999, Ch. 392, Sec. 2. )

    Verify source ↗

    A local educational agency may give an individual with exceptional needs a certificate or document of educational achievement or completion if one of the listed conditions is met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.1. Recognition for Educational Achievement or Completion of Program [56390 - 56392] ( Chapter 4.1 added by Stats. 1999, Ch. 392, Sec. 2. ) ## 56390. Notwithstanding Section 51412 or any other provision of law, a local educational agency may award an individual with exceptional needs a certificate or document of educational achievement or completion if the requirements of subdivision (a), (b), or (c) are met. (a) The individual has satisfactorily completed a prescribed alternative course of study approved by the governing board of the school district in which the individual attended school or the school district with jurisdiction over the individual and identified in his or her individualized education program. (b) The individual has satisfactorily met his or her individualized education program goals and objectives during high school as determined by the individualized education program team. (c) The individual has satisfactorily attended high school, participated in the instruction as prescribed in his or her individualized education program, and has met the objectives of the statement of transition services. (Added by renumbering Section 56375 by Stats. 2000, Ch. 1058, Sec. 111. Effective January 1, 2001.)
  178. 56391.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.1. Recognition for Educational Achievement or Completion of Program [56390 - 56392] ( Chapter 4.1 added by Stats. 1999, Ch. 392, Sec. 2. )

    Verify source ↗

    An eligible individual with exceptional needs may participate in graduation ceremonies and related graduation activities, but that participation does not count as a regular high school diploma.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.1. Recognition for Educational Achievement or Completion of Program [56390 - 56392] ( Chapter 4.1 added by Stats. 1999, Ch. 392, Sec. 2. ) ## 56391. An individual with exceptional needs who meets the criteria for a certificate or document described in Section 56390 shall be eligible to participate in any graduation ceremony and any school activity related to graduation in which a pupil of similar age without disabilities would be eligible to participate. The right to participate in graduation ceremonies does not equate a certificate or document described in Section 56390 with a regular high school diploma. (Amended by Stats. 2001, Ch. 734, Sec. 57. Effective October 11, 2001.)
  179. 56392.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.1. Recognition for Educational Achievement or Completion of Program [56390 - 56392] ( Chapter 4.1 added by Stats. 1999, Ch. 392, Sec. 2. )

    Verify source ↗

    The Legislature says this chapter is not meant to eliminate the chance for an individual with exceptional needs to earn a standard diploma when the pupil has completed the prescribed course of study and met proficiency requirements, with or without differential standards.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.1. Recognition for Educational Achievement or Completion of Program [56390 - 56392] ( Chapter 4.1 added by Stats. 1999, Ch. 392, Sec. 2. ) ## 56392. It is not the intent of the Legislature by enacting this chapter to eliminate the opportunity for an individual with exceptional needs to earn a standard diploma issued by a local or state educational agency when the pupil has completed the prescribed course of study and has passed the proficiency requirements with or without differential standards. (Amended by Stats. 2002, Ch. 1168, Sec. 54. Effective September 30, 2002.)
  180. 56400.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. )

    Verify source ↗

    The Legislature states its intent to improve education and support services for children and young adults with disabilities and their families.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. ) ## 56400. 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. (Amended by Stats. 2021, Ch. 44, Sec. 88. (AB 130) Effective July 9, 2021.)
  181. 56402.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. )

    Verify source ↗

    The department must award grants to establish Family Empowerment Centers on Disability, meet stated deadlines, report progress annually after funding is secured, and develop the grant application with stakeholder advice.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. ) ## 56402. (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. (Amended by Stats. 2022, Ch. 52, Sec. 90. (AB 181) Effective June 30, 2022.)
  182. 56404.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. )

    Verify source ↗

    Applicants must meet listed organizational requirements to be eligible for funding to establish Family Empowerment Centers on Disability.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. ) ## 56404. 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. (Amended by Stats. 2002, Ch. 664, Sec. 67. Effective January 1, 2003.)
  183. 56406.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. )

    Verify source ↗

    The department must run the grant process for Family Empowerment Centers on Disability, and grants must use a formula with a minimum base rate. Applicants must show qualifications and explain how services will be delivered.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. ) ## 56406. (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. (Amended by Stats. 2021, Ch. 44, Sec. 90. (AB 130) Effective July 9, 2021.)
  184. 56408.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. )

    Verify source ↗

    Family Empowerment Centers on Disability must provide specified parent-support services if they receive funding, and the department must periodically assess continued funding eligibility.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. ) ## 56408. (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). (Amended by Stats. 2021, Ch. 44, Sec. 91. (AB 130) Effective July 9, 2021.)
  185. 56410.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. )

    Verify source ↗

    The department must contract with an outside entity, and the Family Empowerment and Disability Council must carry out several statewide coordination, support, outreach, and evaluation duties.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. ) ## 56410. 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. (Amended by Stats. 2021, Ch. 44, Sec. 92. (AB 130) Effective July 9, 2021.)
  186. 56411.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. )

    Verify source ↗

    The department must create or update a tracking and data collection system, a data template, guidance, and consultation processes for Family Empowerment Centers on Disability.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. ) ## 56411. (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. (Added by Stats. 2021, Ch. 44, Sec. 93. (AB 130) Effective July 9, 2021.)
  187. 56412.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. )

    Verify source ↗

    If at least four Family Empowerment Centers on Disability have operated for two years, the State Department of Education must hire an outside entity to evaluate the centers’ effectiveness.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. ) ## 56412. 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. (Added by Stats. 2001, Ch. 690, Sec. 1. Effective January 1, 2002.)
  188. 56414.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. )

    Verify source ↗

    The State Department of Education must implement this chapter only if the Budget Act includes an appropriation for that purpose.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. ) ## 56414. The State Department of Education is required to implement this chapter only if an appropriation is made for this purpose in the Budget Act. (Added by Stats. 2001, Ch. 690, Sec. 1. Effective January 1, 2002.)
  189. 56415.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. )

    Verify source ↗

    The department must, by June 30, 2023, tell parents of children with disabilities about Family Empowerment Centers on Disability and add that information to notice of procedural safeguards materials and its website sample notice.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] ( Chapter 4.3 added by Stats. 2001, Ch. 690, Sec. 1. ) ## 56415. 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. (Repealed and added by Stats. 2021, Ch. 44, Sec. 95. (AB 130) Effective July 9, 2021.)
  190. 56425.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. )

    Verify source ↗

    A qualifying local educational agency must keep operating certain early education programs to receive state aid, unless the programs were transferred to another agency and are being offered there.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. ) ## 56425. As a condition of receiving state aid pursuant to this part, a local educational agency that operated early education programs for individuals with exceptional needs younger than three years of age, as defined in Section 56026, and that received state or federal aid for special education for those programs in the 1980–81 fiscal year, shall continue to operate early education programs in the 1981–82 fiscal year and each fiscal year thereafter. If a local educational agency offered those programs in the 1980–81 fiscal year but in a subsequent year transfers the programs to another local educational agency, the local educational agency shall be exempt from the provisions of this section in any year when the programs are offered by the local educational agency to which they were transferred. A local educational agency that is required to offer a program pursuant to this section shall be eligible for funding pursuant to Section 56432. This section shall become operative on July 1, 1998. (Amended by Stats. 2007, Ch. 56, Sec. 67. Effective January 1, 2008.)
  191. 56425.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. )

    Verify source ↗

    Early education programs funded under this section must offer a range of program options, use a transdisciplinary team, and include opportunities for home visits and family involvement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. ) ## 56425.5. The Legislature hereby finds and declares that early education programs for infants identified as individuals with exceptional needs that provide educational services with active parent involvement, can significantly reduce the potential impact of many disabling conditions, and positively influence later development when the child reaches schoolage. Early education programs funded pursuant to Sections 56427, 56428, and 56432 shall provide a continuum of program options provided by a transdisciplinary team to meet the multiple and varied needs of infants and their families. Recognizing the parent as the infant’s primary teacher, it is the Legislature’s intent that early education programs shall include opportunities for the family to receive home visits and to participate in family involvement activities pursuant to Sections 56426.1 and 56426.4. It is the intent of the Legislature that, as an infant grows older, program emphasis would shift from home-based services to a combination of home-based and group services. It is further the intent of the Legislature that services rendered by state and local agencies serving infants with exceptional needs and their families be coordinated and maximized. This section shall become operative on July 1, 1998. (Repealed (in Sec. 40) and added by Stats. 1997, Ch. 854, Sec. 41. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.)
  192. 56426.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. )

    Verify source ↗

    Early education programs must serve infants from birth to age three and their families, focus on the infant and family, and include home visits, group services, and family involvement activities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. ) ## 56426. An early education program shall include services specially designed to meet the unique needs of infants, from birth to three years of age, and their families. The primary purpose of an early education program is to enhance development of the infant. To meet this purpose, the program shall focus upon the infant and his or her family, and shall include home visits, group services, and family involvement activities. Early education programs funded pursuant to Sections 56427, 56428, and 56432 shall include, as program options, home-based services pursuant to Section 56426.1 and home-based and group services pursuant to Section 56426.2, and shall be provided in accordance with the Individuals with Disabilities Education Act (20 U.S.C. Secs. 1431 to 1445, incl.), and the California Early Intervention Services Act, Title 14 (commencing with Section 95000) of the Government Code. This section shall become operative on July 1, 1998. (Amended by Stats. 1998, Ch. 691, Sec. 43. Effective January 1, 1999.)
  193. 56426.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. )

    Verify source ↗

    Home-based early education services funded under the cited sections must include specified developmental and family-support activities, and service visits must occur once or twice a week depending on the infant’s and family’s needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. ) ## 56426.1. (a) Home-based early education services funded pursuant to Sections 56427, 56428, and 56432 shall include, but not be limited to, all of the following: (1) Observing the infant’s behavior and development in his or her natural environment. (2) Presenting activities that are developmentally appropriate for the infant and are specially designed, based on the infant’s exceptional needs, to enhance the infant’s development. Those activities shall be developed to conform with the infant’s individualized family service plan and to ensure that they do not conflict with his or her medical needs. (3) Modeling and demonstrating developmentally appropriate activities for the infant to the parents, siblings, and other caregivers, as designated by the parent. (4) Interacting with the family members and other caregivers, as designated by the parent, to enhance and reinforce their development of skills necessary to promote the infant’s development. (5) Discussing parental concerns related to the infant and the family, and supporting parents in coping with their infant’s needs. (6) Assisting parents to solve problems, to seek other services in their community, and to coordinate the services provided by various agencies. (b) The frequency of home-based services shall be once or twice a week, depending on the needs of the infant and the family. (c) This section shall become operative on July 1, 1998. (Repealed (in Sec. 44) and added by Stats. 1997, Ch. 854, Sec. 45. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.)
  194. 56426.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. )

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    This section sets service requirements for early education programs for infants with exceptional needs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. ) ## 56426.2. (a) Early education services funded pursuant to Sections 56427, 56428, and 56432 shall be provided through both home visits and group settings with other infants, with or without the parent. Home-based and group services shall include, but not be limited to, all of the following: (1) All services identified in subdivision (a) of Section 56426.1. (2) Group and individual activities that are developmentally appropriate and specially designed, based on the infant’s exceptional needs, to enhance the infant’s development. Those activities shall be developed to conform with the infant’s individualized family service plan and to ensure that they do not conflict with his or her medical needs. (3) Opportunities for infants to socialize and participate in play and exploration activities. (4) Transdisciplinary services by therapists, psychologists, and other specialists as appropriate. (5) Access to various developmentally appropriate equipment and specialized materials. (6) Opportunities for family involvement activities, including parent education and parent support groups. (b) Services provided in a center under this chapter shall not include child care or respite care. (c) The frequency of group services shall not exceed three hours a day for up to, and including, three days a week, and shall be determined on the basis of the needs of the infant and the family. (d) The frequency of home visits provided in conjunction with group services shall range from one to eight visits per month, depending on the needs of the infant and the family. (e) Group services shall be provided on a ratio of no more than four infants to one adult. (f) Parent participation in group services shall be encouraged. (g) This section shall become operative on July 1, 1998. (Repealed (in Sec. 46) and added by Stats. 1997, Ch. 854, Sec. 47. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.)
  195. 56426.25.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. )

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    Local educational agencies may exceed certain maximum service levels for early education programs if they follow the infants’ individualized family service plan and do not change state funding entitlement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. ) ## 56426.25. The maximum service levels set forth in Sections 56426.1 and 56426.2 apply only for purposes of the allocation of funds for early education programs pursuant to Sections 56427, 56428, and 56432, and may be exceeded by a local educational agency, in accordance with the infants’ individualized family service plan, provided that no change in the level of entitlement to state funding under this part thereby results. This section shall become operative on July 1, 1998. (Amended by Stats. 2007, Ch. 56, Sec. 68. Effective January 1, 2008.)
  196. 56426.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. )

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    Related services must be available to infants and their families, alongside home-based or home-based and group early education services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. ) ## 56426.3. In addition to home-based or home-based and group early education services, related services as defined in Section 300.13 of Title 34 of the Code of Federal Regulations, as that section read on April 1, 1986, shall be available to infants and their families. Related services may be provided in the home or at the center according to needs of the infant and the family. (Added by Stats. 1986, Ch. 1296, Sec. 13.5. Operative July 1, 1987, by Sec. 25 of Ch. 1296.)
  197. 56426.4.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. )

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    Family involvement activities funded under this section must occur at least once a month, and families’ participation must be voluntary.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. ) ## 56426.4. (a) Family involvement activities funded pursuant to Sections 56427, 56428, and 56432 shall support family members in meeting the practical and emotional issues and needs of raising their infant. These activities may include, but are not limited to, the following: (1) Educational programs that present information or demonstrate techniques to assist the family to promote their infant’s development. (2) Parent education and training to assist families in understanding, planning for, and meeting the unique needs of their infant. (3) Parent support groups to share similar experiences and possible solutions. (4) Instruction in making toys and other materials appropriate to their infant’s exceptional needs and development. (b) The frequency of family involvement activities shall be at least once a month. (c) Participation by families in family involvement activities shall be voluntary. (d) This section shall become operative on July 1, 1998. (Repealed (in Sec. 50) and added by Stats. 1997, Ch. 854, Sec. 51. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.)
  198. 56426.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. )

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    If the parent declines home-based services, group services must still be made available to the infant. Choosing not to join family involvement activities also cannot reduce the infant’s or family’s access to home-based services or other services the IEP team has determined are appropriate.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. ) ## 56426.5. If the transdisciplinary team determines home-based and group early education services to be appropriate, but the parent chooses not to receive home-based services, group services shall be made available to the infant. Similarly, the choice not to participate in family involvement activities shall not limit the availability to the infant and his or her family of home-based services or home-based and group services as determined appropriate by the individualized education program team. (Amended by Stats. 1993, Ch. 1296, Sec. 17.6. Effective October 11, 1993.)
  199. 56426.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. )

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    Local educational agencies must provide early education services through a transdisciplinary team and make qualified vision or hearing personnel available for certain infants.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. ) ## 56426.6. (a) Early education services shall be provided by a local educational agency through a transdisciplinary team consisting of a group of professionals from various disciplines, agencies, and parents who shall share their expertise and services to provide appropriate services for infants and their families. Each team member shall be responsible for providing and coordinating early education services for one or more infants and their families, and shall serve as a consultant to other team members and as a provider of appropriate related services to other infants in the program. (b) Credentialed personnel with expertise in vision or hearing impairments shall be made available by the local educational agency to early education programs serving infants identified in accordance with paragraph (2), (5), or (13) of subdivision (b) of Section 3030 of Title 5 of the California Code of Regulations, and shall be the primary providers of services under those programs whenever possible. (c) Transdisciplinary teams may include, but need not be limited to, qualified persons from the following disciplines: (1) Early childhood special education. (2) Speech and language therapy. (3) Nursing, with a skill level not less than that of a registered nurse. (4) Social work, psychology, or mental health. (5) Occupational therapy. (6) Physical therapy. (7) Audiology. (8) Parent-to-parent support. (d) A person who is authorized by the local educational agency to provide early education or related services to infants shall have appropriate experience in normal and atypical infant development and an understanding of the unique needs of families of infants with exceptional needs, or, absent that experience and understanding, shall undergo a comprehensive training plan for that purpose, which plan shall be developed and implemented as part of the staff development component of the local plan for early education services. (Amended by Stats. 2016, Ch. 186, Sec. 56. (AB 2659) Effective January 1, 2017.)
  200. 56426.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. )

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    Medically necessary occupational therapy and physical therapy must be provided to an infant when supported by a medical diagnosis and included in the individualized family service plan.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. ) ## 56426.7. Medically necessary occupational therapy and physical therapy shall be provided to the infant when warranted by medical diagnosis and contained in the individualized family service plan, as specified under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code. (Amended by Stats. 1994, Ch. 1288, Sec. 13. Effective January 1, 1995.)

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