Education Code — Part 38 | EDC — United States — California law | Esheria

Education Code

Part 38 of 57 · provisions 7,401–7,600

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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

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  1. 56426.8.

    ## 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 SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9.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 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. )

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    Early education and related services must be based on the infant’s and family’s needs, set out in the individualized family service plan, and provided only with written parental consent.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by 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 SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9.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. ) ## 56426.8. (a) Early education and related services shall be based on the needs of the infant and the family as determined by the individualized family service plan team, and shall be specified in the individualized family service plan, including the frequency and duration of each type of service. Any early education or related service may be provided only upon written parental consent. (b) The individualized family service plan for any infant shall be developed in consultation with the infant’s physician in order to ensure that the services specified in the plan do not conflict with the infant’s medical needs. (Amended by Stats. 1994, Ch. 1288, Sec. 14. Effective January 1, 1995.)
  2. 56426.9.

    ## 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 4.4. 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 help eligible young children move into preschool special education, have an IEP or IFSP in place by age three, and join transition planning conferences.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by 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. ) ## 56426.9. (a) Pursuant to Section 1437(a)(8) of Title 20 of the United States Code, a local educational agency shall ensure that each child participating in early childhood special education services pursuant to this chapter, and who will participate in preschool programs pursuant to Chapter 4.45 (commencing with Section 56440), experiences a smooth and effective transition to those preschool programs. (b) Pursuant to Sections 300.101(b) and 300.323(b) of Title 34 of the Code of Federal Regulations, a local educational agency, by the third birthday of a child described in subdivision (a), shall ensure that an individualized education program or an individualized family service plan has been developed and is being implemented for the child consistent with a free appropriate public education for children beginning at three years of age. (c) In accordance with Section 1437(a)(8) of Title 20 of the United States Code, a local educational agency shall participate in transition planning conferences arranged by the designated lead agency. (d) Any child who becomes three years of age while participating in early childhood special education services under this chapter may continue until June 30 of the current program year, if the individualized education program team determines that the preschooler is eligible pursuant to Section 56441.11, develops an individualized education program, and determines that the early childhood special education services remain appropriate. No later than June 30 of that year, the individualized education program team shall meet to review the preschooler’s progress and revise the individualized education program accordingly. The individualized education program team meeting shall be conducted by the local educational agency responsible for the provision of preschool special education services. Representatives of the early childhood special education program shall be invited to that meeting. If a child’s third birthday occurs during the summer, the child’s individualized education program team shall determine the date when services under the individualized education program will begin, pursuant to Section 300.101(b) of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 70. Effective January 1, 2008.)
  3. 56427.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by 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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    The State Department of Education must spend at least $2,324,000 of certain federal discretionary funds each fiscal year on early education programs for infants with exceptional needs 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 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. ) ## 56427. (a) Not less than two million three hundred twenty-four thousand dollars ($2,324,000) of the federal discretionary funds appropriated to the State Department of Education under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) in any fiscal year shall be expended for early education programs for infants with exceptional needs and their families, until the department determines, and the Legislature concurs, that the funds are no longer needed for that purpose. (b) Programs ineligible to receive funding pursuant to Section 56425 or 56432 may receive funding pursuant to subdivision (a). (c) This section shall become operative on July 1, 1998. (Repealed (in Sec. 52) and added by Stats. 1997, Ch. 854, Sec. 53. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.)
  4. 56428.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by 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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    Certain instructional personnel service units must keep being used for services to children under three, and the Superintendent must reallocate units if a local plan area becomes ineligible.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by 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. ) ## 56428. (a) For the 1985–86 fiscal year, and each fiscal year thereafter, any instructional personnel service unit that was used in the prior fiscal year to provide services to children younger than three years of age shall continue to be used for that purpose. If a special education local plan area becomes ineligible for all or any portion of those instructional personnel service units operated and fundable in the prior fiscal year, the Superintendent of Public Instruction shall allocate those units to another local plan area for the purpose of providing services to children younger than three years of age. (b) In the 1998–99 fiscal year, the instructional personnel service unit rates used to compute state funding under this chapter shall be adjusted to represent the actual, historic inflation adjustment amount funded for each provider of early education services under this chapter. To make this adjustment, the superintendent shall make the following calculation: (1) Divide the amount of funding received by the special education local plan area in the 1997–98 fiscal year from property taxes and state aid, after applying the deficit, for early education for individuals with exceptional needs by the amount the special education local plan area was entitled to receive for the 1997–98 fiscal year for that program. (2) Multiply the amount determined in paragraph (1) by the instructional personnel service unit rates for the 1997–98 fiscal year used to compute state funding for early education for individuals with exceptional needs prior to the application of the inflation adjustment for the 1998–99 fiscal year. (c) For the 1998–99 fiscal year, the department shall transfer an amount from schedule (a) to schedule (b) of Item 6110-161-0001 of Section 2.00 of the Budget Act of 1998, equal to the amount determined by the department, with the approval of the Department of Finance, to be the amount of funding received by the special education local plan area from property taxes in the 1997–98 fiscal year for early education programs for individuals with exceptional needs, multiplied by the inflation factor computed pursuant to Section 42238.1 for the 1998–99 fiscal year and adjusted for the estimated growth in average daily attendance for kindergarten and grades 1 to 12, inclusive, pursuant to the May Revision of the Governor’s Budget for the 1998–99 fiscal year. (Amended by Stats. 1998, Ch. 330, Sec. 12. Effective August 21, 1998.)
  5. 56429.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by 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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    Funding eligibility depends on superintendent approval of a local early education plan, and the plan must identify existing services and include an interagency delivery 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. ) ## 56429. In order to assure the maximum utilization and coordination of local early education services, eligibility for the receipt of funds pursuant to Section 56425, 56427, 56428, or 56432 is conditioned upon the approval by the superintendent of a local plan for early education services, which approval shall apply for not less than one, nor more than four, years. The local plan shall identify existing public and private early education services, and shall include an interagency plan for the delivery of early education services in accordance with 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. (Repealed (in Sec. 54) and added by Stats. 1997, Ch. 854, Sec. 55. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.)
  6. 56430.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by 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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    Early education services may be provided through several specified methods, and infant placements under a contract do not need separate governing board or county office 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 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] ( Chapter 4.4 added by Stats. 1981, Ch. 1094, Sec. 4. ) ## 56430. (a) Early education services may be provided by any of the following methods: (1) Directly by a local educational agency. (2) Through an interagency agreement between a local educational agency and another public agency. (3) Through a contract with another public agency pursuant to Section 56369. (4) Through a contract with a certified nonpublic, nonsectarian school, or nonpublic, nonsectarian agency pursuant to Section 56366. (5) Through a contract with a nonsectarian hospital in accordance with Section 56361.5. (b) Contracts or agreements with agencies identified in subdivision (a) for early education services are strongly encouraged when early education services are currently provided by another agency, and when found to be a cost-effective means of providing the services. The placement of individual infants under the contract shall not require specific approval by the governing board of the district or the county office. (c) Early education services provided under this chapter shall be funded pursuant to Sections 56427, 56428, and 56432. (d) This section shall become operative on July 1, 1998. (Repealed (in Sec. 56) and added by Stats. 1997, Ch. 854, Sec. 57. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.)
  7. 56431.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by 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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    The Superintendent must develop procedures and criteria for local educational agencies to contract with private nonprofit preschools or child development centers for special education services, and those criteria must include minimum standards the preschool or center must meet.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by 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. ) ## 56431. The Superintendent shall develop procedures and criteria to enable a local educational agency to contract with private nonprofit preschools or child development centers to provide special education and related services to infants and preschool age individuals with exceptional needs. The criteria shall include minimum standards that the private, nonprofit preschool or center shall be required to meet. (Amended by Stats. 2008, Ch. 179, Sec. 65. Effective January 1, 2009.)
  8. 56432.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by 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 funding eligibility rules for special education local plan areas serving children under age three, and gives the superintendent authority to approve funding, waivers, and unit allocations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by 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. ) ## 56432. (a) For the 1998–99 fiscal year and each fiscal year thereafter, a special education local plan area shall be eligible for state funding of those instructional personnel service units operated and fundable for services to individuals with exceptional needs younger than three years of age at the second principal apportionment of the prior fiscal year, as long as the pupil count of these pupils divided by the number of instructional personnel service units is not less than the following: (1) For special classes and centers—12, based on the unduplicated pupil count. (2) For resource specialist programs—24, based on the unduplicated pupil count. (3) For designated instruction and services—12, based on the unduplicated pupil count, or 39, based on the duplicated pupil count. (b) A special education local plan area shall be eligible for state funding of instructional personnel service units for services to individuals with exceptional needs younger than three years of age in excess of the number of instructional personnel service units operated and fundable at the second principal apportionment of the prior fiscal year only with the authorization of the superintendent. (c) The superintendent shall base the authorization of funding for special education local plan areas pursuant to this section, including the reallocation of instructional personnel service units, upon criteria that shall include, but not be limited to, the following: (1) Changes in the total number of pupils younger than three years of age enrolled in special education programs. (2) High- and low-average caseloads per instructional personnel service unit for each instructional setting. (d) Infant programs in special classes and centers funded pursuant to this item shall be supported by two aides, unless otherwise required by the superintendent. (e) Infant services in resource specialist programs funded pursuant to this item shall be supported by one aide. (f) When units are allocated pursuant to this subdivision, the superintendent shall allocate only the least expensive unit appropriate. (g) Notwithstanding Sections 56211 and 56212, a special education local plan area may apply for, and the superintendent may grant, a waiver of any of the standards and criteria specified in this section if compliance would prevent the provision of a free, appropriate public education or would create undue hardship. In granting the waivers, the superintendent shall give priority to the following factors: (1) Applications from special education local plan areas for waivers for a period not to exceed three years to specifically maintain or increase the level of special education services necessary to address the special education service requirements of individuals with exceptional needs residing in sparsely populated districts or attending isolated schools designated in the application. (A) Sparsely populated districts are school districts that meet one of the following conditions: (i) A school district or combination of contiguous school districts in which the total enrollment is less than 600 pupils, kindergarten and grades 1 to 12, inclusive, and in which one or more of the school facilities is an isolated school. (ii) A school district or combination of contiguous school districts in which the total pupil density ratio is less than 15 pupils, kindergarten and grades 1 to 12, inclusive, per square mile and in which one or more of the school facilities is an isolated school. (B) Isolated schools are schools with enrollments of less than 600 pupils, kindergarten and grades 1 to 12, inclusive, that meet one or more of the following conditions: (i) The school is located more than 45 minutes average driving time over commonly used and well-traveled roads from the nearest school, including schools in adjacent special education local plan areas, with an enrollment greater than 600 pupils, kindergarten and grades 1 to 12, inclusive. (ii) The school is separated, by roads that are impassable for extended periods of time due to inclement weather, from the nearest school, including schools in adjacent special education local plan areas, with an enrollment greater than 600 pupils, kindergarten and grades 1 to 12, inclusive. (iii) The school is of a size and location that, when its enrollment is combined with the enrollments of the two largest schools within an average driving time of not more than 30 minutes over commonly used and well-traveled roads, including schools in adjacent special education local plan areas, the combined enrollment is less than 600 pupils, kindergarten and grades 1 to 12, inclusive. (iv) The school is the one of normal attendance for a severely disabled individual, as defined in Section 56030.5, or an individual with a low-incidence disability, as defined in Section 56026.5, who otherwise would be required to be transported more than 75 minutes, average one-way driving time over commonly used and well-traveled roads, to the nearest appropriate program. (2) The location of licensed children’s institutions, foster family homes, residential medical facilities, or similar facilities that serve children younger than three years of age and are within the boundaries of a local plan if 3 percent or more of the local plan’s unduplicated pupil count resides in those facilities. (h) By authorizing units pursuant to this section, the superintendent shall not increase the statewide total number of instructional personnel service units for purposes of state apportionments unless an appropriation specifically for growth in the number of instructional personnel service units is made in the annual Budget Act or other legislation. If that growth appropriation is made, units authorized by the superintendent pursuant to this section are subject to the restrictions that the units shall be funded only by that growth appropriation and no other funds may be apportioned for the units. (i) The superintendent shall monitor the use of instructional personnel service units retained or authorized by the granting of waivers pursuant to subdivision (h) to ensure that the instructional personnel service units are used in a manner wholly consistent with the basis for the waiver request. (j) This section shall become operative on July 1, 1998. (Added by Stats. 1997, Ch. 854, Sec. 58. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.)
  9. 56440.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

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    Special education local plan areas must submit service information to the Superintendent, and local educational agencies must serve eligible children ages three to five under the required plan and federal law.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56440. (a) Each special education local plan area shall submit to the Superintendent, as part of the local plan, information for providing special education and services to individuals with exceptional needs, as defined in Section 56026, who are between the ages of three and five years, inclusive. (b) All individuals with exceptional needs between the ages of three and five years, inclusive, identified in subdivision (a) shall be served by the local educational agencies within each special education local plan area, to the extent required under federal law and pursuant to the local plan and application approved by the Superintendent. (c) Individuals with exceptional needs between the ages of three and five years, inclusive, who are identified by the local educational agency as requiring special education and services shall be eligible for special education and services pursuant to this part. (d) Special education facilities operated by local educational agencies serving children under this chapter and Chapter 4.4 (commencing with Section 56425) shall meet all applicable standards relating to fire, health, sanitation, and building safety, but are not subject to Chapter 3.4 (commencing with Section 1596.70), 3.5 (commencing with Section 1596.90), or 3.6 (commencing with Section 1597.30) of Division 2 of the Health and Safety Code. (e) This chapter applies to all individuals with exceptional needs between the ages of three and five years, inclusive. (Amended by Stats. 2014, Ch. 327, Sec. 16. (AB 1599) Effective January 1, 2015.)
  10. 56441.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

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    The Legislature states that early education programs for children ages three to five with exceptional needs may produce several benefits if they provide special education and related services in a typical environment with active parent 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56441. The Legislature hereby finds and declares that early education programs for individuals with exceptional needs between the ages of three and five years, inclusive, that provide special education and related services within the typical environment appropriate for young children, and include active parent involvement, may do the following: (a) Significantly reduce the potential impact of any disabling conditions. (b) Produce substantial gains in physical development, cognitive development, language and speech development, psychosocial development, and self-help skills development. (c) Help prevent the development of secondary disabling conditions. (d) Reduce family stresses. (e) Reduce societal dependency and institutionalization. (f) Reduce the need for special class placement in special education programs once a child reaches school age. (g) Save substantial costs to society and our schools. (Amended by Stats. 2006, Ch. 538, Sec. 126. Effective January 1, 2007.)
  11. 56441.1.

    ## 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

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    State and local agencies serving preschool children with exceptional needs must coordinate their services, educational agencies may not duplicate similar services, and the Superintendent of Public Instruction must identify similar services provided by other 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56441.1. (a) Services rendered by state and local agencies serving preschool children with exceptional needs and their families shall be provided in coordination with other state and local agencies. Educational agencies offering similar educational services shall coordinate and not duplicate these services. The Superintendent of Public Instruction shall identify similar services by other state and local agencies. (b) As the preschool child approaches the age to enter an elementary school environment, the child’s preparation shall be geared toward a readiness for kindergarten and later school success. (Amended by Stats. 2002, Ch. 1168, Sec. 56. Effective September 30, 2002.)
  12. 56441.11.

    ## 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

    Verify source ↗

    This section says preschool children ages three to five qualify for special education only if they meet listed eligibility criteria, and it directs the Superintendent to carry out related training, review, and monitoring steps.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56441.11. (a) Notwithstanding any other law or regulation, the special education eligibility criteria in subdivision (b) shall apply to preschool children, between the ages of three and five years. (b) A preschool child, between the ages of three and five years, qualifies as a child who needs early childhood special education services if the child meets the following criteria: (1) Is identified as having one of the following disabling conditions, as defined in Section 300.8 of Title 34 of the Code of Federal Regulations, or an established medical disability, as defined in subdivision (d): (A) Autism. (B) Deaf-blindness. (C) Deafness. (D) Hearing impairment. (E) Intellectual disability. (F) Multiple disabilities. (G) Orthopedic impairment. (H) Other health impairment. (I) Emotional disturbance. (J) Specific learning disability. (K) Speech or language impairment in one or more of voice, fluency, language and articulation. (L) Traumatic brain injury. (M) Visual impairment. (N) Established medical disability. (2) Needs specially designed instruction or services as defined in Sections 56441.2 and 56441.3. (3) Has needs that cannot be met with modification of a regular environment in the home or school, or both, without ongoing monitoring or support as determined by an individualized education program team. (4) Meets eligibility criteria specified in Section 3030 of Title 5 of the California Code of Regulations. (c) A child is not eligible for special education and services if the child does not otherwise meet the eligibility criteria and his or her educational needs are due primarily to: (1) Unfamiliarity with the English language. (2) Temporary physical disabilities. (3) Social maladjustment. (4) Environmental, cultural, or economic factors. (d) For purposes of this section, “established medical disability” means a disabling medical condition or congenital syndrome that the individualized education program team determines has a high predictability of requiring special education and services. (e) When standardized tests are considered invalid for children between the ages of three and five years, alternative means, including scales, instruments, observations, and interviews, shall be used as specified in the assessment plan. (f) In order to implement the eligibility criteria in subdivision (b), the Superintendent shall do all of the following: (1) Provide for training in developmentally appropriate practices, alternative assessment, and placement options. (2) Provide a research-based review for developmentally appropriate application criteria for young children. (3) Provide program monitoring for appropriate use of the eligibility criteria. (g) If legislation is enacted mandating early intervention services to infants and toddlers with disabilities pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the Superintendent shall reconsider the eligibility criteria for preschool children, between the ages of three and five years, and recommend appropriate changes to the Legislature. (Amended by Stats. 2016, Ch. 186, Sec. 57. (AB 2659) Effective January 1, 2017.)
  13. 56441.13.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

    Verify source ↗

    The superintendent must provide training and technical assistance for early education programs for preschool children with exceptional needs, and must develop related methods, guidelines, curriculum, personnel standards, and a plan for special needs and language/cultural diversity.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56441.13. The superintendent shall provide training and technical assistance for the implementation of early education programs for preschool children with exceptional needs, and shall develop: (a) Methods and models for modifications to the regular program prior to referral. (b) Guidelines for program providers. (c) Curriculum and content for programs. (d) Personnel standards for program providers. (e) A plan to meet the unique needs of preschool children who require special education services and who are limited-English proficient and of diverse cultural backgrounds. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.)
  14. 56441.14.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

    Verify source ↗

    The local transportation policy must include criteria and options for meeting special education transportation needs for children ages 3 to 5 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56441.14. Criteria and options for meeting the special education transportation needs of individuals with exceptional needs between the ages of three and five, inclusive, shall be included in the local transportation policy required pursuant to paragraph (5) of subdivision (b) of Section 56195.8. (Amended by Stats. 1997, Ch. 854, Sec. 59. Effective January 1, 1998. Repealed conditionally as prescribed by Section 56449.)
  15. 56441.2.

    ## 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

    Verify source ↗

    An early education program for children ages three to five with exceptional needs must include specially designed services, individual and small group services, age-appropriate settings, and active parent 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56441.2. An early education program for individuals with exceptional needs between the ages of three and five, inclusive, shall include specially designed services to meet the unique needs of preschool children and their families. To meet this purpose, the program focus is on the young child and his or her family and shall include both individual and small group services which shall be available in a variety of typical age-appropriate environments for young children, including the home, and shall include opportunities for active parent involvement. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.)
  16. 56441.3.

    ## 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

    Verify source ↗

    Early education services for preschool children may be provided to individuals or small groups, and group services generally cannot exceed four hours per day unless the individualized education program team decides otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56441.3. (a) Early education services for preschool children may be provided to individuals or small groups and shall include: (1) Observing and monitoring the child’s behavior and development in his or her environment. (2) Presenting activities that are developmentally appropriate for the preschool child and are specially designed, based on the child’s exceptional needs, to enhance the child’s development. Those activities shall be developed to conform with the child’s individualized education program and shall be developed so that they do not conflict with his or her medical needs. (3) Interacting and consulting with the family members, regular preschool teachers, and other service providers, as needed, to demonstrate developmentally appropriate activities necessary to implement the child’s individualized education program in the appropriate setting pursuant to Section 56441.4 and necessary to reinforce the expansion of his or her skills in order to promote the child’s educational development. These interactions and consultations may include family involvement activities. (4) Assisting parents to seek and coordinate other services in their community that may be provided to their child by various agencies. (5) Providing opportunities for young children to participate in play and exploration activities, to develop self-esteem, and to develop preacademic skills. (6) Providing access to various developmentally appropriate equipment and specialized materials. (7) Providing related services as defined in Section 300.13 of Title 34 of the Code of Federal Regulations, that include parent counseling and training to help parents understand the special needs of their children and their children’s development, as that section read on May 1, 1987. (b) The duration of group services shall not exceed four hours per day unless determined otherwise by the individualized education program team. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.)
  17. 56441.4.

    ## 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

    Verify source ↗

    This section says which settings may be appropriate for the 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56441.4. Appropriate settings for these services include any of the following: (a) The regular public or private nonsectarian preschool program. (b) The child development center or family day care home. (c) The child’s regular environment that may include the home. (d) A special site where preschool programs for both children with disabilities and children who are not disabled are located close to each other and have an opportunity to share resources and programming. (e) A special education preschool program with children who are not disabled attending and participating for all or part of the program. (f) A public school setting which provides an age-appropriate environment, materials, and services, as defined by the superintendent. (Amended by Stats. 1992, Ch. 759, Sec. 34. Effective September 21, 1992.)
  18. 56441.5.

    ## 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

    Verify source ↗

    Group services for certain children ages three to five must use instructional adult-to-child ratios based on the child’s needs, and for severely disabled children the ratio may not exceed 1 adult to 5 children.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56441.5. Appropriate instructional adult-to-child ratios for group services shall be dependent on the needs of the child. However, because of the unique needs of individuals with exceptional needs between the ages of three and five years, inclusive, who require special education and related services, the number of children per instructional adult shall be less than ratios set forth in subdivision (c) of Section 8264.8 for young children in a regular preschool program. Group services provided to individuals with exceptional needs between the ages of three and five years, inclusive, identified as severely disabled pursuant to Section 56030.5 shall not exceed an instructional adult-to-child ratio of one to five. (Amended by Stats. 2015, Ch. 386, Sec. 28. (SB 436) Effective January 1, 2016.)
  19. 56441.6.

    ## 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

    Verify source ↗

    Early education services for preschool children must use a transdisciplinary team approach, and program staff must include consultation, assessment, and direct services in their responsibilities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56441.6. Early education services for preschool children shall be provided through a transdisciplinary team approach of professionals as described in Section 56426.6. Responsibilities of early education program staff shall include consultation with regular preschool program providers, consultation with other specialists, assessment services, and direct services. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.)
  20. 56441.7.

    ## 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

    Verify source ↗

    A speech and language specialist serving only certain children ages three to five may have no more than 40 cases, and the superintendent must issue caseload guidelines or proposed regulations to local educational agencies by January 1, 1988.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56441.7. (a) The maximum caseload for a speech and language specialist providing services exclusively to individuals with exceptional needs, between the ages of three and five years, inclusive, as defined in Section 56441.11 or 56026, shall not exceed a count of 40. (b) The superintendent shall issue caseload guidelines or proposed regulations to local educational agencies for individuals with exceptional needs between the ages of three and five years, inclusive, by January 1, 1988. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.)
  21. 56441.8.

    ## 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

    Verify source ↗

    Early education services for preschoolers may be provided directly by a local educational agency or through specified agreements or contracts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56441.8. Early education services for preschoolers may be provided by any of the following methods: (a) Directly by a local educational agency. (b) Through an interagency agreement between a local educational agency and another public agency. (c) Through a contract with another public agency pursuant to Section 56369. (d) Through a contract with a certified nonpublic, nonsectarian school; or nonpublic, nonsectarian agency pursuant to Section 56366. (e) Through a contract with a nonsectarian hospital in accordance with Section 56361.5. (Amended by Stats. 1991, Ch. 756, Sec. 32. Effective October 9, 1991.)
  22. 56441.9.

    ## 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

    Verify source ↗

    Contracts or agreements with certain agencies are encouraged when they are already providing the services and are cost-effective. A preschool child’s placement under those contracts does not need specific approval from the school district board or county superintendent.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56441.9. Contracts or agreements with agencies identified in Section 56441.8 are strongly encouraged when these services are currently provided by another agency, and when found to be a cost-effective means of providing the services. The placement of an individual preschool child under any of these contracts shall not require specific approval by the governing board of the school district or the county superintendent of schools. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.)
  23. 56442.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

    Verify source ↗

    The superintendent must ensure coordination of certain state preschool and special education programs at both state and local 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56442. The superintendent shall ensure that state preschool programs and programs for individuals with exceptional needs between the ages of three and five years, inclusive, provided pursuant to this part, are coordinated at the state and local levels. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.)
  24. 56443.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

    Verify source ↗

    The department must amend an interagency agreement so local educational agencies may contract with Head Start programs for special education services for children ages three to five, and Head Start apportionments must supplement, not replace, other funding.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56443. (a) The department shall amend its interagency agreement with the Administration for Children, Youth, and Families, Region IX, Head Start, United States Department of Health and Human Services, to permit a local educational agency to contract with a Head Start program for special education and services for individuals with exceptional needs between the ages of three and five years pursuant to this part. (b) Apportionments allocated to Head Start programs for special education and services to individuals with exceptional needs between the ages of three and five years shall supplement and not supplant funds for which the Head Start programs are eligible, or are already receiving, from other funding sources. (Amended by Stats. 2007, Ch. 56, Sec. 74. Effective January 1, 2008.)
  25. 56445.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

    Verify source ↗

    Before a child moves from preschool to kindergarten or first grade, an appropriate reassessment must be done, and the individualized education program team must identify monitoring for continued success and record key performance and learning-style 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56445. (a) Prior to transitioning an individual with exceptional needs from a preschool program to kindergarten, or first grade as the case may be, an appropriate reassessment of the individual shall be conducted pursuant to Article 2 (commencing with Section 56320) of Chapter 4 to determine if the individual is still in need of special education and services. (b) It is the intent of the Legislature that gains made in the special education program for individuals who received special education and services, in accordance with this chapter, are not lost by too rapid a removal of individualized programs and supports for these individuals. (c) As part of the transitioning process, a means of monitoring continued success of the child shall be identified by the individualized education program team for those children of kindergarten or first grade equivalency who are determined to be eligible for less intensive special education programs. (d) As part of the exit process from special education, the present performance levels and learning style shall be noted by the individualized education program team. This information shall be made available to the assigned regular education teacher upon the child’s enrollment in kindergarten or first grade as the case may be. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.)
  26. 56446.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

    Verify source ↗

    Public special education funding may not be used to buy regular preschool services or instructional services other than special education and services allowed by this chapter.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56446. Public special education funding shall not be used to purchase regular preschool services or to purchase any instructional service other than special education and services permitted by this chapter. (Amended by Stats. 1998, Ch. 89, Sec. 42. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
  27. 56447.1.

    ## 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. )

    Verify source ↗

    The chapter does not limit certain California public agencies’ responsibility to provide or pay for some or all of the costs of special education for eligible children ages 3 to 5, and it does not allow them to reduce related assistance or 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 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] ( Chapter 4.45 added by Stats. 1987, Ch. 311, Sec. 6.5. ) ## 56447.1. (a) Nothing in this chapter shall be construed to limit the responsibility of noneducational public agencies in the State of California from providing or paying for some or all of the costs of a free appropriate public education for individuals with exceptional needs between the ages of three and five years, inclusive. (b) Nothing in this chapter shall be construed to permit a noneducational public agency to reduce medical and other assistance available or to alter eligibility under Titles V and XIX of the Social Security Act (Subchapter V (commencing with Section 701) and Subchapter XIX (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code) with respect to the provision of a free appropriate public education for individuals with exceptional needs between the ages of three and five years, inclusive, within the State of California. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.)
  28. 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 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 1. Career and Vocational Education Programs [56452 - 56456] ( Heading of Article 1 added by Stats. 1987, Ch. 1484, Sec. 4. )

    Verify source ↗

    The superintendent must ensure the state annually secures all federal funds available for career and vocational education 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 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 1. Career and Vocational Education Programs [56452 - 56456] ( Heading of Article 1 added by Stats. 1987, Ch. 1484, Sec. 4. ) ## 56452. The superintendent shall ensure that the state annually secures all federal funds available for career and vocational education of individuals with exceptional needs. (Amended by Stats. 1987, Ch. 1484, Sec. 5.)
  29. 56453.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 1. Career and Vocational Education Programs [56452 - 56456] ( Heading of Article 1 added by Stats. 1987, Ch. 1484, Sec. 4. )

    Verify source ↗

    The superintendent and the Department of Rehabilitation must enter an interagency agreement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 1. Career and Vocational Education Programs [56452 - 56456] ( Heading of Article 1 added by Stats. 1987, Ch. 1484, Sec. 4. ) ## 56453. The superintendent and the Department of Rehabilitation shall enter into an interagency agreement to ensure that the state annually secures all federal funds available under the Rehabilitation Act of 1973, as amended, and that coordination in applying for, distributing, and using funds available under the Vocational Education Act, as amended, the Rehabilitation Act of 1973, as amended, and the Education For All Handicapped Children Act of 1975, (P.L. 94-142), as amended, including, but not limited to, application for, and use thereof, be provided. (Added by Stats. 1980, Ch. 1353, Sec. 67. Effective September 30, 1980.)
  30. 56454.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 1. Career and Vocational Education Programs [56452 - 56456] ( Heading of Article 1 added by Stats. 1987, Ch. 1484, Sec. 4. )

    Verify source ↗

    The Superintendent must help local educational agencies get and use federal funds by providing technical assistance, setting up procedures to obtain funds, and applying for needed federal waivers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 1. Career and Vocational Education Programs [56452 - 56456] ( Heading of Article 1 added by Stats. 1987, Ch. 1484, Sec. 4. ) ## 56454. In order to provide local educational agencies with maximum flexibility to secure and utilize all federal funds available to enable those entities to meet the career and vocational needs of individuals with exceptional needs more effectively and efficiently, and to provide maximum federal funding to those agencies for the provision of that education, the Superintendent shall do all of the following: (a) Provide necessary technical assistance to local educational agencies. (b) Establish procedures for these entities to obtain available federal funds. (c) Apply for necessary waivers of federal statutes and regulations including, but not limited to, those governing federal career and vocational education programs. (Amended by Stats. 2007, Ch. 56, Sec. 75. Effective January 1, 2008.)
  31. 56456.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 1. Career and Vocational Education Programs [56452 - 56456] ( Heading of Article 1 added by Stats. 1987, Ch. 1484, Sec. 4. )

    Verify source ↗

    Local educational agencies may use state or local special education funds for approved vocational programs, services, and activities to meet federal vocational education funding match requirements 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 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 1. Career and Vocational Education Programs [56452 - 56456] ( Heading of Article 1 added by Stats. 1987, Ch. 1484, Sec. 4. ) ## 56456. It is the intent of the Legislature that local educational agencies may use any state or local special education funds for approved vocational programs, services, and activities to satisfy the excess cost-matching requirements for receipt of federal vocational education funds for individuals with exceptional needs. (Amended by Stats. 2008, Ch. 179, Sec. 66. Effective January 1, 2009.)
  32. 56460.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 2. Transition Services [56460 - 56463] ( Article 2 added by Stats. 1987, Ch. 1484, Sec. 8. )

    Verify source ↗

    The Legislature states findings about transition services for individuals with exceptional needs and says the goal is planned movement from secondary education to adult life that supports economic and social independence.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 2. Transition Services [56460 - 56463] ( Article 2 added by Stats. 1987, Ch. 1484, Sec. 8. ) ## 56460. The Legislature finds and declares all of the following: (a) That while the passage of the Education for All Handicapped Children Act of 1975 (Public Law 94-142) and the California Master Plan for Special Education have resulted in improved educational services for individuals with exceptional needs; this has not translated into paid employment opportunities or maximum integration into our heterogeneous communities for individuals with exceptional needs. (b) That there is no formalized process that bridges the gap between the security and structure of school and the complexity of service options and resources available for individuals with exceptional needs in the adult community. (c) That there is insufficient coordination between educators, adult service providers, potential employers, and families and students in order to effectively plan and implement a successful transition for students to the adult world of paid employment and social independence. (d) That because of insufficient vocational training throughout the middle and secondary school years, and effective interagency coordination and involvement of potential employers in a planning process, the majority of options available for individuals with exceptional needs in the adult community are programs that support dependence rather than independence. (e) The goal of transition services is planned movement from secondary education to adult life that provides opportunities which maximize economic and social independence in the least restrictive environment for individuals with exceptional needs. Planning for transition from school to postsecondary environments should begin in the school system well before the student leaves the system. (Added by Stats. 1987, Ch. 1484, Sec. 8.)
  33. 56461.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 2. Transition Services [56460 - 56463] ( Article 2 added by Stats. 1987, Ch. 1484, Sec. 8. )

    Verify source ↗

    The superintendent must establish the capacity to provide transition services 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 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 2. Transition Services [56460 - 56463] ( Article 2 added by Stats. 1987, Ch. 1484, Sec. 8. ) ## 56461. The superintendent shall establish the capacity to provide transition services for a broad range of individuals with exceptional needs such as employment and academic training, strategic planning, interagency coordination, and parent training. (Added by Stats. 1987, Ch. 1484, Sec. 8.)
  34. 56462.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 2. Transition Services [56460 - 56463] ( Article 2 added by Stats. 1987, Ch. 1484, Sec. 8. )

    Verify source ↗

    Transition services must include a set of training, planning, family-support, and program-development components.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 2. Transition Services [56460 - 56463] ( Article 2 added by Stats. 1987, Ch. 1484, Sec. 8. ) ## 56462. The transition services shall include, but not be limited to, the following: (a) In-service training programs, resource materials, and handbooks that identify the following: (1) The definition of “transition,” including the major components of an effective school-based transition program. (2) Relevant laws and regulations. (3) The roles of other agencies in the transition process including, but not limited to, the scope of their services, eligibility criteria, and funding. (4) The components of effective transition planning. (5) The role of families in the individualized transition process. (6) Resources and model programs currently available in this state. (b) Development of the role and responsibilities of special education in the transition process, including the following: (1) The provision of work skills training, including those skills that are necessary in order to exhibit competence on the job. (2) The provision of multiple employment options and facilitating job or career choice by providing a variety of vocational experiences. (3) The collection and analysis of data on what happens to pupils once they leave the school system and enter the adult world. (4) The coordination of the transition planning process, including development of necessary interagency agreements and procedures at both state and local levels. (5) The provision of instructional learning strategies that will assist pupils who find learning difficult in acquiring skills that will enable them to obtain diplomas, promote a positive attitude toward secondary and postsecondary education and training, and make a successful transition to postsecondary life. (c) The development and implementation of systematic and longitudinal vocational education curriculum including the following: (1) Instructional strategies that will prepare pupils with severe disabilities to make a successful transition to supported employment and the community. (2) The introduction of vocational and career education curriculum in the elementary grades for those pupils who can benefit from it. (d) Materials, resource manuals, and in-service training programs to support the active participation of families in the planning and implementation of transition-related goals and activities. (e) The development of resources and in-service training that will support the implementation of individualized transition planning for all pupils with exceptional needs. (f) The development of a network of model demonstration sites that illustrate a wide variety of transition models and implementation strategies. (g) Coordination with other specialized programs that serve students who face barriers to successful transition. (h) A research, evaluation, and dissemination program that will support the major programmatic aspects of transition services. Through a variety of competitive grants, bids, contracts, and other awards specific content areas will be developed in cooperation with a variety of field-based agencies, including local education agencies, special education local plan areas, county offices, institutions of higher education, and in-service training agencies. (Amended by Stats. 1994, Ch. 840, Sec. 35. Effective January 1, 1995.)
  35. 56463.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 2. Transition Services [56460 - 56463] ( Article 2 added by Stats. 1987, Ch. 1484, Sec. 8. )

    Verify source ↗

    Transition services must be funded according to the Budget 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 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 2. Transition Services [56460 - 56463] ( Article 2 added by Stats. 1987, Ch. 1484, Sec. 8. ) ## 56463. Transition services shall be funded pursuant to the Budget Act. (Added by Stats. 1987, Ch. 1484, Sec. 8.)
  36. 56470.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 3. Project Workability [56470 - 56474] ( Article 3 added by Stats. 1987, Ch. 1484, Sec. 9. )

    Verify source ↗

    The Legislature states that project workability is an important part of transition services and helps prepare individuals with exceptional needs for gainful employment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 3. Project Workability [56470 - 56474] ( Article 3 added by Stats. 1987, Ch. 1484, Sec. 9. ) ## 56470. The Legislature finds and declares all of the following: (a) That an essential component of transition services developed and supported by the State Department of Education is project workability. (b) That the workability program provides instruction and experiences that reinforce core curriculum concepts and skills leading to gainful employment. (c) That since project workability was established by the State Department of Education in 1981, substantial numbers of individuals with exceptional needs have obtained full- or part-time employment. (d) That project workability is a true partnership established at the state level through nonfinancial interagency agreements between the State Department of Education, the Department of Employment Development, and the Department of Rehabilitation, and has elevated awareness in the private sector of the employment potential of individuals with exceptional needs, and focuses its efforts in developing careers for these youth, and preventing needless economic and social dependency on state and community agencies and resources. (e) That local education agencies in California establish linkage between agencies, eliminate duplication of effort, and develop precedent-setting employment training practices which should be preserved and advanced to better assure future productive employable citizens. (Added by Stats. 1987, Ch. 1484, Sec. 9.)
  37. 56471.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 3. Project Workability [56470 - 56474] ( Article 3 added by Stats. 1987, Ch. 1484, Sec. 9. )

    Verify source ↗

    The State Department of Education must administer the program, the department must establish an advisory committee, and the Superintendent must develop grant and evaluation criteria for workability projects.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 3. Project Workability [56470 - 56474] ( Article 3 added by Stats. 1987, Ch. 1484, Sec. 9. ) ## 56471. (a) The program shall be administered by the State Department of Education. (b) The department shall establish an advisory committee. This committee will include representatives from local workability projects to ensure ongoing communications. (c) The Superintendent shall develop criteria for awarding grants, funding, and evaluating workability projects. (d) Eligible applicants shall include local educational agencies, including school districts, county offices of education, state special schools, and charter schools. (e) Workability project applications shall include, but are not limited to, the following elements: (1) recruitment, (2) assessment, (3) counseling, (4) preemployment skills training, (5) vocational training, (6) student wages for try-out employment, (7) placement in unsubsidized employment, (8) other assistance with transition to a quality adult life, and (9) utilization of an interdisciplinary advisory committee to enhance project goals. (Amended by Stats. 2024, Ch. 38, Sec. 80. (SB 153) Effective June 29, 2024.)
  38. 56472.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 3. Project Workability [56470 - 56474] ( Article 3 added by Stats. 1987, Ch. 1484, Sec. 9. )

    Verify source ↗

    Workability projects may include certain students, adults with disabilities, and other people facing barriers to finishing 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 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 3. Project Workability [56470 - 56474] ( Article 3 added by Stats. 1987, Ch. 1484, Sec. 9. ) ## 56472. The population served by workability projects may include secondary students with disabilities, adults with disabilities and other individuals who experience barriers to successful completion of school. (Added by Stats. 1987, Ch. 1484, Sec. 9.)
  39. 56473.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 3. Project Workability [56470 - 56474] ( Article 3 added by Stats. 1987, Ch. 1484, Sec. 9. )

    Verify source ↗

    Project Workability is to be funded under the specified annual Budget Act item.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 3. Project Workability [56470 - 56474] ( Article 3 added by Stats. 1987, Ch. 1484, Sec. 9. ) ## 56473. Project workability shall be funded pursuant to Item 6100-161-0001 of Section 2.00 of the annual Budget Act. (Amended by Stats. 2007, Ch. 56, Sec. 77. Effective January 1, 2008.)
  40. 56474.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 3. Project Workability [56470 - 56474] ( Article 3 added by Stats. 1987, Ch. 1484, Sec. 9. )

    Verify source ↗

    The superintendent must continue seeking additional state and federal funding for project workability.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ( Heading of Chapter 4.5 amended by Stats. 1987, Ch. 1484, Sec. 1. ) ## ARTICLE 3. Project Workability [56470 - 56474] ( Article 3 added by Stats. 1987, Ch. 1484, Sec. 9. ) ## 56474. The superintendent shall continue to seek additional state and federal funding for project workability. (Added by Stats. 1987, Ch. 1484, Sec. 9.)
  41. 56475.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.7. Interagency Cooperation [56475 - 56477] ( Heading of Chapter 4.7 amended by Stats. 2019, Ch. 51, Sec. 49. )

    Verify source ↗

    The Superintendent and specified state agency directors must create written interagency agreements or joint regulations covering responsibilities for special education and related services. The Superintendent must also make agreements with other state and local public agencies 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 4.7. Interagency Cooperation [56475 - 56477] ( Heading of Chapter 4.7 amended by Stats. 2019, Ch. 51, Sec. 49. ) ## 56475. (a) The Superintendent and the directors of the State Department of Health Care Services, the State Department of Developmental Services, the State Department of Social Services, the Department of Rehabilitation, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, and the Employment Development Department shall develop written interagency agreements or adopt joint regulations that include responsibilities, in accordance with Section 1412(a)(12) of Title 20 of the United States Code and Section 300.154 of Title 34 of the Code of Federal Regulations, for the provision of special education and related services to individuals with exceptional needs in the State of California. (b) The Superintendent shall develop interagency agreements with other state and local public agencies, as deemed necessary by the Superintendent, to carry out the provisions of state and federal law. (Amended by Stats. 2016, Ch. 186, Sec. 58. (AB 2659) Effective January 1, 2017.)
  42. 56476.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.7. Interagency Cooperation [56475 - 56477] ( Heading of Chapter 4.7 amended by Stats. 2019, Ch. 51, Sec. 49. )

    Verify source ↗

    The Governor or the Governor’s designee must make sure each agency under the Governor’s jurisdiction enters into an interagency agreement with the Superintendent to provide all services needed for a free appropriate public 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 4.7. Interagency Cooperation [56475 - 56477] ( Heading of Chapter 4.7 amended by Stats. 2019, Ch. 51, Sec. 49. ) ## 56476. The Governor or designee of the Governor, in accordance with Section 1412(a)(12) of Title 20 of the United States Code and Section 300.154 of Title 34 of the Code of Federal Regulations, shall ensure that each agency under the Governor’s jurisdiction enters into an interagency agreement with the Superintendent to ensure that all services that are needed to ensure a free appropriate public education are provided. (Amended by Stats. 2008, Ch. 179, Sec. 67. Effective January 1, 2009.)
  43. 56477.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 4.7. Interagency Cooperation [56475 - 56477] ( Heading of Chapter 4.7 amended by Stats. 2019, Ch. 51, Sec. 49. )

    Verify source ↗

    The department must convene interagency workgroups, and those workgroups must report progress and final recommendations 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 4.7. Interagency Cooperation [56475 - 56477] ( Heading of Chapter 4.7 amended by Stats. 2019, Ch. 51, Sec. 49. ) ## 56477. (a) Commencing with the 2019–20 fiscal year, the department shall jointly convene with the State Department of Developmental Services and the State Department of Health Care Services one or more workgroups that include representatives from local educational agencies, appropriate county agencies, regional centers, and legislative staff. The workgroups shall convene for the following purposes: (1) Improving transition of three-year-old children with disabilities from regional centers to local educational agencies, to help ensure continuity of services for young children and families. (2) Improving coordination and expansion of access to available federal funds through the Local Educational Agency Medi-Cal Billing Option Program, the School-Based Medi-Cal Administrative Activities Program, and medically necessary federal Early and Periodic Screening, Diagnostic, and Treatment benefits. (b) On or before October 1, 2020, the workgroups shall provide the chairs of the relevant policy committees and budget subcommittees of the Legislature and the Department of Finance with a progress report that includes all of the following: (1) A detailed timeline for the implementation of the workgroups, including information on the structure of the workgroups, frequency of meetings, and other relevant information. (2) Work conducted by each workgroup to date and initial findings, including information gathered, if any, on potential barriers to access the Local Educational Agency Medi-Cal Billing Option Program, the School-Based Medi-Cal Administrative Activities Program, and medically necessary federal Early and Periodic Screening, Diagnostic, and Treatment benefits. (3) Information on potential barriers to ensure smooth transitions for three-year-old children with disabilities from regional centers to local educational agencies. (c) On or before October 1, 2021, the workgroups shall provide the chairs of the relevant policy committees and budget subcommittees of the Legislature and the Department of Finance with a final report that includes recommendations for all of the following: (1) Strategies to improve the state’s performance in meeting federal deadlines for transitioning three-year-old children with disabilities from individualized family service plans administered by a regional center to individualized education programs administered by a local educational agency. (2) Best practices for regional centers and local educational agencies to ensure every three-year-old child with disabilities receives an uninterrupted continuum of support services. (3) Program requirements and support services needed for the Local Educational Agency Medi-Cal Billing Option Program, the School-Based Medi-Cal Administrative Activities Program, and medically necessary federal Early and Periodic Screening, Diagnostic, and Treatment benefits to ensure ease of use and access for local educational agencies and parity of eligible services throughout the state and country. (d) Recommendations provided pursuant to this section shall include any specific changes needed to state regulations or statutes, need for approval of amendments to the state Medicaid plan or federal waivers, changes to the implementation of federal regulations, changes to state agency support and oversight, and associated staffing or funding needed to implement the recommendations. (e) The amount appropriated for purposes of this section in Provision 38 of Item 6100-001-0001 of Section 2.00 of the Budget Act of 2019 shall be available for encumbrance or expenditure until June 30, 2022. (f) The requirements for submitting a report imposed under subdivisions (b) and (c) are inoperative on October 1, 2024, and October 1, 2025, respectively, pursuant to Section 10231.5 of the Government Code. (Amended by Stats. 2020, Ch. 24, Sec. 67. (SB 98) Effective June 29, 2020.)
  44. 56500.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    In this chapter, “public agency” means the same as in the referenced definitions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56500. As used in this chapter, “public agency” is identical to the definition of that term in Section 56028.5 and Section 300.33 of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 80. Effective January 1, 2008.)
  45. 56500.1.

    ## 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 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Education agencies covered by this section must establish and maintain IDEA procedural safeguards, and the agency running each IEP meeting must tell the parent and pupil about the federal and state safeguards in the parent-rights 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 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56500.1. (a) All procedural safeguards under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 and following) shall be established and maintained by each noneducational and educational agency that provides education, related services, or both, to children who are individuals with exceptional needs. (b) At each individualized education program meeting, the public education agency responsible for convening the meeting shall inform the parent and pupil of the federal and state procedural safeguards that were provided in the notice of parent rights pursuant to Section 56321. (Amended by Stats. 1992, Ch. 1360, Sec. 19. Effective January 1, 1993.)
  46. 56500.2.

    ## 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 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Complaints filed with the department must be investigated quickly, a written decision must issue within 60 days, the complainant must send a copy to the local educational agency or public agency at filing, the complaint must be timely and complete, and the Superintendent must develop a model form.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56500.2. (a) (1) Notwithstanding any other provision of law, a complaint filed with the department regarding any alleged violations of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or implementing regulations (Part 300 (commencing with Section 300.1) of Title 34 of the Code of Federal Regulations), or a provision of this part, shall be investigated in an expeditious and effective manner in accordance with Sections 300.151 to 300.153, inclusive, of Title 34 of the Code of Federal Regulations. A written decision shall be issued to the complainant in accordance with the 60-day time limit specified in Section 300.152 of Title 34 of the Code of Federal Regulations. (2) The party filing the complaint shall forward a copy of the complaint to the local educational agency or public agency serving the child at the same time the party files the complaint with the department, in accordance with Section 300.153(d) of Title 34 of the Code of Federal Regulations. (b) Pursuant to Section 300.153(c) of Title 34 of the Code of Federal Regulations, a complaint filed under subdivision (a) shall allege a violation that occurred not more than one year prior to the date that the complaint is received by the department. (c) The complaint shall include all of the following: (1) A statement that a local educational agency or public agency has violated a requirement of this part or Part B of the federal Individuals with Disabilities Education Act (Title 20 (commencing with Section 1400) of the United States Code), or Part 300 (commencing with Section 300.1) of Title 34 of the Code of Federal Regulations. (2) The facts on which the statement is based. (3) The signature and contact information for the complainant. (4) If alleging violations with respect to a specific child, all of the following: (A) The name and address of residence of the child. (B) The name of the school the child is attending. (C) In the case of a homeless child or youth within the meaning of paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), available contact information for the child, and the name of the school the child is attending. (D) A description of the nature of the problem of the child, including facts relating to the problems. (E) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed. (d) The Superintendent shall develop a model form, pursuant to Section 300.509 of Title 34 of the Code of Federal Regulations, to assist parents and public agencies in filing a state complaint under this section. (Amended by Stats. 2007, Ch. 454, Sec. 27. Effective October 10, 2007.)
  47. 56500.3.

    ## 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 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    This section sets rules for special education mediation, including filing requests with the Superintendent, time limits, confidentiality, and who may or may not participate.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56500.3. (a) It is the intent of the Legislature that parties to special education disputes be encouraged to seek resolution through mediation prior to filing a request for a due process hearing. It is also the intent of the Legislature that these voluntary prehearing request mediation conferences be an informal process conducted in a nonadversarial atmosphere to resolve issues relating to the identification, assessment, or educational placement of the child, or the provision of a free appropriate public education to the child, to the satisfaction of both parties. Therefore, attorneys or other independent contractors used to provide legal advocacy services may not attend or otherwise participate in the prehearing request mediation conferences. (b) This part does not preclude the parent or the public agency from being accompanied and advised by nonattorney representatives in the mediation conferences and consulting with an attorney prior to or following a mediation conference. For purposes of this section, “attorney” means an active, practicing member of the State Bar of California or another independent contractor used to provide legal advocacy services, but does not mean a parent of the pupil who is also an attorney. (c) Requesting or participating in a mediation conference is not a prerequisite to requesting a due process hearing. (d) All requests for a mediation conference shall be filed with the Superintendent. The party initiating a mediation conference by filing a written request with the Superintendent shall provide the other party to the mediation with a copy of the request at the same time the request is filed with the Superintendent. The mediation conference shall be conducted by a person knowledgeable in the process of reconciling differences in a nonadversarial manner and under contract with the department pursuant to Section 56504.5. The mediator shall be knowledgeable in the laws and regulations governing special education. (e) The prehearing mediation conference shall be scheduled within 15 days of receipt by the Superintendent of the request for mediation. The mediation conference shall be completed within 30 days after receipt of the request for mediation unless both parties to the prehearing mediation conference agree to extend the time for completing the mediation. Pursuant to Section 300.506(b)(4) of Title 34 of the Code of Federal Regulations, and to encourage the use of mediation, the state shall bear the cost of the mediation process, including any meetings described in Section 300.506(b)(2) of Title 34 of the Code of Federal Regulations. The costs of mediation shall be included in the contract described in Section 56504.5. (f) In accordance with Section 1415(e)(2)(F) of Title 20 of the United States Code, if a resolution is reached that resolves the due process issue through the mediation process, the parties shall execute a legally binding written agreement that sets forth the resolution and that does the following: (1) States that all discussions that occurred during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding. (2) Is signed by both the parent and the representative of the public agency who has the authority to bind the agency. (3) Is enforceable in any state court of competent jurisdiction or in a federal district court of the United States. (g) If the mediation conference fails to resolve the issues to the satisfaction of all parties, the party who requested the mediation conference has the option of filing for a state-level hearing pursuant to Section 56505. The mediator may assist the parties in specifying any unresolved issues to be included in the hearing request. (h) Any mediation conference held pursuant to this section shall be scheduled in a timely manner and shall be held at a time and place reasonably convenient to the parties to the dispute in accordance with Section 300.506(b)(5) of Title 34 of the Code of Federal Regulations. (i) The mediation conference shall be conducted in accordance with regulations adopted by the board. (j) (1) Notwithstanding any procedure set forth in this chapter, a public agency and a parent, if the party initiating the mediation conference so chooses, may meet informally to resolve any issue or issues to the satisfaction of both parties prior to the mediation conference. (2) In accordance with Section 300.506(b)(2) of Title 34 of the Code of Federal Regulations, a public agency may establish procedures to offer to parents and schools that choose not to use the mediation process, an opportunity to meet, at a time and location convenient to the parents, with a disinterested party as follows: (A) Who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in the state established under Section 1471 or Section 1472 of Title 20 of the United States Code. (B) Who would explain the benefits of, and encourage the use of, the mediation process to the parents. (k) The procedures and rights contained in this section shall be included in the notice of parent rights attached to the assessment plan of the pupil pursuant to Section 56321. (Amended by Stats. 2007, Ch. 454, Sec. 28. Effective October 10, 2007.)
  48. 56500.4.

    ## 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 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    A public agency must give prior written notice to parents or guardians before changing or refusing to change a child’s identification, assessment, placement, or free appropriate public education, and must describe proposed assessment procedures.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56500.4. (a) Pursuant to Section 1415(b)(3) and (4) and (c)(1) of Title 20 of the United States Code, and in accordance with Section 300.503 of Title 34 of the Code of Federal Regulations, prior written notice shall be given by the public agency to the parents or guardians of an individual with exceptional needs, or to the parents or guardians of a child upon initial referral for assessment, and a reasonable time before the public agency proposes to initiate or change, or refuses to initiate or change, the identification, assessment, or educational placement of the child, or the provision of a free appropriate public education to the child. In accordance with Sections 300.304 and 300.503 of Title 34 of the Code of Federal Regulations, the public agency shall provide a description of any assessment procedures the agency proposes to conduct. (b) The notice required under subdivision (a) shall, in accordance with Section 300.503(b) of Title 34 of the Code of Federal Regulations, include all of the following: (1) A description of the action proposed or refused by the public agency. (2) An explanation of why the public agency proposes or refuses to take the action. (3) A description of each assessment procedure, assessment, record, or report the public agency used as a basis for the proposed or refused action. (4) A statement that the parents of an individual with exceptional needs have protection under the procedural safeguards of this part and, if this notice is not an initial referral for assessment, the means by which a copy of a description of the procedural safeguards can be obtained. (5) Sources for parents to contact to obtain assistance in understanding the provisions of this part. (6) A description of other options that the individualized education program team considered and the reasons why those options were rejected. (7) A description of other factors that are relevant to the proposal or refusal of the agency. (Amended by Stats. 2007, Ch. 454, Sec. 29. Effective October 10, 2007.)
  49. 56500.5.

    ## 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 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Parents or guardians of an individual with exceptional needs must be given reasonable written prior notice when the child will graduate with 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 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56500.5. As provided in Section 300.102(a)(3)(iii) of Title 34 of the Code of Federal Regulations, parents or guardians of an individual with exceptional needs shall be given reasonable written prior notice, in accordance with Section 56500.4, that their child will be graduating from high school with a regular high school diploma because graduation from high school with a regular diploma constitutes a change in placement. (Amended by Stats. 2007, Ch. 56, Sec. 81. Effective January 1, 2008.)
  50. 56500.6.

    ## 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 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Due process and state complaint procedures for certain private-school children must follow 34 CFR 300.140.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56500.6. Due process and state complaint procedures for children enrolled in private schools by their parents pursuant to Sections 56170 to 56174.5, inclusive, shall be in accordance with Section 300.140 of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 82. Effective January 1, 2008.)
  51. 56501.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

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    This section gives parents, guardians, and certain pupils due process hearing rights in special education matters, including mediation, record review, and a state hearing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56501. (a) The due process hearing procedures prescribed by this chapter extend to the parent or guardian, as defined in Section 56028, a pupil who has been emancipated, and a pupil who is a ward or dependent of the court or for whom no parent or guardian can be identified or located when the hearing officer determines that either the local educational agency has failed to appoint a surrogate parent as required by Section 7579.5 of the Government Code or the surrogate parent appointed by the local educational agency does not meet the criteria set forth in subdivision (f) of Section 7579.5 of the Government Code, and the public agency involved in any decisions regarding a pupil. The appointment of a surrogate parent after a hearing has been requested by the pupil shall not be cause for dismissal of the hearing request. The parent or guardian and the public agency involved may initiate the due process hearing procedures prescribed by this chapter under any of the following circumstances: (1) There is a proposal to initiate or change the identification, assessment, or educational placement of the child or the provision of a free appropriate public education to the child. (2) There is a refusal to initiate or change the identification, assessment, or educational placement of the child or the provision of a free appropriate public education to the child. (3) The parent or guardian refuses to consent to an assessment of the child. (4) There is a disagreement between a parent or guardian and a local educational agency regarding the availability of a program appropriate for the child, including the question of financial responsibility, as specified in Section 300.148 of Title 34 of the Code of Federal Regulations. (b) The due process hearing rights prescribed by this chapter include, but are not limited to, all of the following: (1) The right to a mediation conference pursuant to Section 56500.3. (2) The right to request a mediation conference at any point during the hearing process. The mediation process is not to be used to deny or delay a parent’s or guardian’s right to a due process hearing, or to deny any other rights afforded under this part, or under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). Notwithstanding subdivision (a) of Section 56500.3, attorneys and advocates are permitted to participate in mediation conferences scheduled after the filing of a request for due process hearing. (3) The right to examine pupil records pursuant to Section 56504. This provision shall not be construed to abrogate the rights prescribed by Chapter 6.5 (commencing with Section 49060) of Part 27. (4) The right to a fair and impartial administrative hearing at the state level, before a person knowledgeable in the laws governing special education and administrative hearings, under contract with the department, pursuant to Section 56505. (c) In addition to the rights prescribed by subdivision (b), the parent or guardian has the following rights: (1) The right to have the pupil who is the subject of the state hearing present at the hearing. (2) The right to open the state hearing to the public. (Amended by Stats. 2007, Ch. 56, Sec. 83. Effective January 1, 2008.)
  52. 56501.5.

    ## 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 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Before an impartial due process hearing, the local educational agency must hold a resolution meeting with the parents and relevant team members, usually within 15 days of 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 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56501.5. (a) Notwithstanding any other provision of law, prior to the opportunity for an impartial due process hearing under this chapter, the local educational agency shall convene a resolution meeting with the parents and the relevant member or members of the individualized education program team who have specific knowledge of the facts identified in the due process hearing request, in accordance with Section 1415(f)(1)(B) of Title 20 of the United States Code and Section 300.510 of Title 34 of the Code of Federal Regulations. The parent and the local educational agency shall determine the relevant members of the individualized education program team to attend the meeting. (1) The meeting shall be convened within 15 days of receiving notice of the due process hearing request of the parent. (2) The meeting shall include a representative of the local educational agency who has decisionmaking authority on behalf of the agency. (3) The meeting shall not include an attorney of the local educational agency, unless the parent is accompanied by an attorney. (4) The purpose of the meeting is for the parent of the child to discuss the due process hearing issue, and the facts that form the basis of the due process hearing request, so that the local educational agency has the opportunity to resolve the dispute that is the basis for the due process hearing request. (b) The resolution meeting described in subdivision (a) need not be held if the parents and the local educational agency agree in writing to waive the meeting, or agree to use the mediation process as provided for in this chapter. (c) If the local educational agency has not resolved the due process hearing issue to the satisfaction of the parents within 30 days of the receipt of the due process hearing request notice, the due process hearing may occur. Except as provided in subdivision (d), the timeline for issuing a final decision under paragraph (3) of subdivision (f) of Section 56505 begins at the expiration of this 30-day period. (d) The 45-day timeline for the due process hearing cited in paragraph (3) of subdivision (f) of Section 56505 starts the day after one of the following events, provided the local educational agency also affords notice of these events to the agency or contractor providing due process hearings pursuant to Section 56504.5: (1) Both parties agree in writing to waive the resolution meeting. (2) After either the mediation or resolution meeting starts but before the end of the 30-day resolution period, the parties agree in writing that no agreement is possible. (3) If both parties agree in writing to continue a mediation that started before the end of the 30-day resolution period to a date after the 30-day resolution period, but later, the parent or local educational agency withdraws from the mediation process. (e) Except where the parties have jointly agreed to waive the resolution process or to use mediation, notwithstanding subdivision (c), the failure of the parent filing a due process hearing request to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held. (1) If the local educational agency is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made and documented using the procedures in Section 300.322(d) of Title 34 of the Code of Federal Regulations, such as detailed records of telephone calls made or attempted and the results of those calls, copies of correspondence sent to the parent and any responses received, and detailed records of visits made to the home or place of employment of the parent, the local educational agency may, at the conclusion of the 30-day period, request that a hearing officer dismiss the due process hearing request of the parent. (2) If the local educational agency fails to hold the resolution meeting specified in subdivision (a) within 15 days of receiving notice of a due process hearing request of a parent or fails to participate in the resolution meeting, the parent may seek the intervention of a hearing officer to begin the due process hearing timeline. (f) In the case that a resolution is reached to resolve the due process hearing issue at a meeting described in subdivision (a), the parties shall execute a legally binding agreement that is both of the following: (1) Signed by both the parent and a representative of the local educational agency who has the authority to bind the agency. (2) Enforceable in a state court of competent jurisdiction or in a federal district court of the United States. (g) If the parties execute an agreement pursuant to subdivision (d), a party may void the agreement within three business days of the execution of the agreement. (Amended by Stats. 2007, Ch. 454, Sec. 30. Effective October 10, 2007.)
  53. 56502.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

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    This section sets the procedure for filing and responding to a due process hearing request, including required notice contents, deadlines, confidentiality, amendment rules, and hearing scheduling.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56502. (a) All requests for a due process hearing shall be filed with the Superintendent in accordance with Section 300.508(a) and (b) of Title 34 of the Code of Federal Regulations. (b) The Superintendent shall develop a model form to assist parents and guardians in filing a request for due process that is in accordance with Section 300.509 of Title 34 of the Code of Federal Regulations. (c) (1) The party, or the attorney representing the party, initiating a due process hearing by filing a written request with the Superintendent shall provide the other party to the hearing with a copy of the request at the same time as the request is filed with the Superintendent. The due process hearing request notice shall remain confidential. In accordance with Section 1415(b)(7)(A) of Title 20 of the United States Code, the request shall include the following: (A) The name of the child, the address of the residence of the child, or available contact information in the case of a homeless child, and the name of the school the child is attending. (B) In the case of a homeless child or youth within the meaning of paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), available contact information for the child and the name of the school the child is attending. (C) A description of the nature of the problem of the child relating to the proposed initiation or change, including facts relating to the problem. (D) A proposed resolution of the problem to the extent known and available to the party at the time. (2) A party may not have a due process hearing until the party, or the attorney representing the party, files a request that meets the requirements listed in this subdivision. (d) (1) The due process hearing request notice required by Section 1415(b)(7)(A) of Title 20 of the United States Code shall be deemed to be sufficient unless the party receiving the notice notifies the due process hearing officer and the other party in writing that the receiving party believes the due process hearing request notice has not met the notice requirements. The party providing a hearing officer notification shall provide the notification within 15 days of receiving the due process hearing request notice. Within five days of receipt of the notification, the hearing officer shall make a determination on the face of the notice of whether the notification meets the requirements of Section 1415(b)(7)(A) of Title 20 of the United States Code, and shall immediately notify the parties in writing of the determination. (2) (A) The response to the due process hearing request notice shall be made within 10 days of receiving the request notice in accordance with Section 1415(c)(2)(B) of Title 20 of the United States Code. (B) In accordance with Section 300.508(e)(1) of Title 34 of the Code of Federal Regulations, if the local educational agency has not sent a prior written notice under Section 56500.4 and Section 300.503 of Title 34 of the Code of Federal Regulations to the parent regarding the subject matter contained in the due process hearing request of the parent, the response from the local educational agency to the parent shall include all of the following: (i) An explanation of why the agency proposed or refused to take the action raised in the due process hearing request. (ii) A description of other options that the individualized education program team considered and the reasons why those options were rejected. (iii) A description of each assessment procedure, assessment, record, or report the agency used as the basis for the proposed or refused action. (iv) A description of other factors that are relevant to the proposed or refused action of the agency. (C) A response by a local educational agency under subparagraph (B) shall not be construed to preclude the local educational agency from asserting that the due process request of the parent was insufficient, where appropriate. (D) Except as provided under subparagraph (B), the party receiving a due process hearing request notice, within 10 days of receiving the notice, shall send to the other party, in accordance with Section 300.508(f) of Title 34 of the Code of Federal Regulations, a response that specifically addresses the issues raised in the due process hearing request notice. (e) A party may amend a due process hearing request notice only if the other party consents in writing to the amendment and is given the opportunity to resolve the hearing issue through a meeting held pursuant to Section 1415(f)(1)(B) of Title 20 of the United States Code, or the due process hearing officer grants permission, except that the hearing officer may only grant permission at any time not later than five days before a due process hearing occurs. The applicable timeline for a due process hearing under this chapter shall recommence at the time the party files an amended notice, including the timeline under Section 1415(f)(1)(B) of Title 20 of the United States Code. (f) The Superintendent shall take steps to ensure that within 45 days after receipt of the written hearing request the hearing is immediately commenced and completed, including, any mediation requested at any point during the hearing process pursuant to paragraph (2) of subdivision (b) of Section 56501, and a final administrative decision is rendered, unless a continuance has been granted pursuant to Section 56505. (g) Notwithstanding any procedure set forth in this chapter, a public agency and a parent or guardian, if the party initiating the hearing so chooses, may meet informally to resolve an issue or issues relating to the identification, assessment, or education and placement of the child, or the provision of a free appropriate public education to the child, to the satisfaction of both parties prior to the hearing. The informal meeting shall be conducted by the district superintendent, county superintendent, or director of the public agency or his or her designee. A designee appointed pursuant to this subdivision shall have the authority to resolve the issue or issues. (h) Upon receipt by the Superintendent of a written request by the parent or guardian or public agency, the Superintendent or his or her designee or designees immediately shall notify, in writing, all parties of the request for the hearing and the scheduled date for the hearing. The notice shall advise all parties of all their rights relating to procedural safeguards. The Superintendent or his or her designee shall provide both parties with a list of persons and organizations within the geographical area that can provide free or reduced cost representation or other assistance in preparing for the due process hearing. This list shall include a brief description of the requirement to qualify for the services. The Superintendent or his or her designee shall have complete discretion in determining which individuals or groups shall be included on the list. (i) In accordance with Section 1415(f)(3)(B) of Title 20 of the United States Code, the party requesting the due process hearing shall not be allowed to raise issues at the due process hearing that were not raised in the notice filed under this section, unless the other party agrees otherwise. (Amended by Stats. 2007, Ch. 454, Sec. 31. Effective October 10, 2007.)
  54. 56503.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Parties to a hearing may agree to mediation or an informal, nonadversarial resolution, even after a state-level hearing request is filed or the hearing has started.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56503. Nothing in this chapter shall preclude the parties to a hearing from agreeing to use a mediation conference or resolving their dispute in an informal, nonadversarial manner, even though a request for a state level hearing has been filed or even if the hearing has commenced. (Repealed and added by Stats. 1992, Ch. 1360, Sec. 25. Effective January 1, 1993.)
  55. 56504.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

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    Parents may inspect their child’s school records, get copies, and receive explanations, while the public agency must respond and provide records within five business days in most 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 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56504. The parent shall have the right and opportunity to examine all school records of his or her child and to receive copies pursuant to this section and to Section 49065 within five business days after the request is made by the parent, either orally or in writing. The public agency shall comply with a request for school records without unnecessary delay before any meeting regarding an individualized education program or any hearing pursuant to Section 300.121, 300.301, 300.304, or 300.507 of Title 34 of the Code of Federal Regulations or resolution session pursuant to Section 300.510 of Title 34 of the Code of Federal Regulations and in no case more than five business days after the request is made orally or in writing. The parent shall have the right to a response from the public agency to reasonable requests for explanations and interpretations of the records. If a school record includes information on more than one pupil, the parents of those pupils have the right to inspect and review only the information relating to their child or to be informed of that specific information. A public agency shall provide a parent, on request of the parent, a list of the types and locations of school records collected, maintained, or used by the agency. A public agency may charge no more than the actual cost of reproducing the records, but if this cost effectively prevents the parent from exercising the right to receive the copy or copies, the copy or copies shall be reproduced at no cost. (Amended by Stats. 2008, Ch. 179, Sec. 68. Effective January 1, 2009.)
  56. 56504.5.

    ## 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 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The department must arrange mediation and due process hearing services, and the agency or contractor must provide related services and quarterly data reports to 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 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56504.5. (a) The department shall enter into an interagency agreement with another state agency or contract with a nonprofit organization or entity to conduct mediation conferences and due process hearings in accordance with Sections 300.506 and 300.511 of Title 34 of the Code of Federal Regulations. (b) The agency or contractor shall provide hearings and mediations in a manner that is consistent with all applicable federal and state laws and regulations, and any other applicable legal authorities. (c) The Superintendent shall adopt regulations that establish standards for all of the following components of an interagency agreement or contract entered into pursuant to subdivision (a): (1) The training and qualifications for mediators and hearing officers. (2) The availability of translators and translated documents. (3) Prevention of conflicts of interest for mediators and hearing officers. (4) The supervision of mediators and hearing officers. (5) Monitoring, tracking, and management of cases. (6) The process for conducting mediations and due process hearings. (7) Communication with parties to mediations and due process hearings. (8) The establishment of a committee to advise the agency or contractor with regard to conducting mediations and due process hearings. (9) The contents of a manual to describe the procedures of the mediation and due process hearing. (d) (1) An agency or contractor shall collect and provide data in standardized formats, which allow the department to manage and report on all mediation and due process activities in the state. An agency or contractor shall propose the manner in which specific data and information will be collected and transmitted electronically and in writing to the department on a quarterly basis. The reports shall contain data to provide the state with information to comply with federal and state regulations for monitoring local programs. An agency or contractor shall identify applicable data to be collected, analyzed, and formatted including, but not limited to, caseloads, status of cases, and outcomes for mediations and due process hearings. (2) The agency or contractor shall, on a quarterly basis, provide the department with information that includes, but is not limited to, all of the following: (A) Formal complaints: (i) number of complaints; (ii) number of complaints with findings; (iii) number of complaints with no findings; (iv) number of complaints not investigated, withdrawn, or no jurisdiction; (v) number of complaints completed or addressed within timelines; and (vi) number of complaints pending. (B) Mediations: (i) number of mediations not related to hearing requests; (ii) number of mediations related to hearing requests; (iii) number of mediation agreements not related to hearing requests; (iv) number of mediation agreements related to hearing requests; and (v) number of mediations pending. (C) Due process hearings: (i) number of hearing requests; (ii) number of hearings held; (iii) number of decisions issued after timelines and extension expired; (iv) number of hearings pending; and (v) number of expedited hearings. (3) The agency or contractor shall submit hard copies of hearing decision reports to the department and shall administer and upload all redacted reports on a quarterly basis to the hearing decision database of the department. The agency or contractor shall have the ability to provide the department with the costs of hearings and mediations on both an aggregate and individual basis. (Amended by Stats. 2007, Ch. 56, Sec. 85. Effective January 1, 2008.)
  57. 56505.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

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    This section sets rules for state special education hearings, including who conducts them, hearing rights, interim placement, deadlines, and appeal 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 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56505. (a) The state hearing shall be conducted in accordance with regulations adopted by the board. (b) The hearing shall be held at a time and place reasonably convenient to the parent and the pupil. (c) (1) The hearing shall be conducted by a person who, at a minimum, shall possess knowledge of, and the ability to understand, the provisions of this part and related state statutes and implementing regulations, the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), federal regulations pertaining to the act, and legal interpretations of this part and the federal law by federal and state courts, and who has satisfactorily completed training pursuant to this subdivision. The Superintendent shall establish standards for the training of hearing officers, the degree of specialization of the hearing officers, and the quality control mechanisms to be used to ensure that the hearings are fair and the decisions are accurate. (2) The hearing officer shall possess the knowledge and ability to conduct hearings in accordance with appropriate standard legal practice. (3) The hearing officer shall possess the knowledge and ability to render and write decisions in accordance with appropriate standard legal practice. (4) A due process hearing shall not be conducted by an individual listed in Section 1415(f)(3)(A)(i) of Title 20 of the United States Code. Pursuant to Section 300.511(c)(2) of Title 34 of the Code of Federal Regulations, a person who is qualified to conduct a hearing is not an employee of the agency solely because he or she is paid by the agency to serve as a hearing officer. The hearing officer shall encourage the parties to a hearing to consider the option of mediation as an alternative to a hearing. (d) Pursuant to Section 300.518(a) of Title 34 of the Code of Federal Regulations, during the pendency of the hearing proceedings, including the actual state-level hearing, or judicial proceeding regarding a due process hearing, the pupil shall remain in his or her present placement, except as provided in Section 300.533 of Title 34 of the Code of Federal Regulations, unless the public agency and the parent agree otherwise. A pupil applying for initial admission to a public school, with the consent of his or her parent, shall be placed in the public school program until all proceedings have been completed. As provided in Section 300.518(d) of Title 34 of the Code of Federal Regulations, if the decision of a hearing officer in a due process hearing or a state review official in an administrative appeal agrees with the parent of the pupil that a change of placement is appropriate, that placement shall be treated as an agreement between the state or local educational agency and the parent. In accordance with Section 300.518(c) of Title 34 of the Code of Federal Regulations, if a due process hearing request involves an application for initial services from a child who is transitioning from an early education program under Chapter 4.4 (commencing with Section 56425) to a special education program serving individuals with exceptional needs between the ages of three to five years, inclusive, under Chapter 4.45 (commencing with Section 56440), and is no longer eligible for early education services because the child has turned three years of age, the local educational agency is not required to provide early education services that the child had been receiving. If the child is found eligible for special education and related services for children age three years of age and older, and the parent consents to the initial provision of special education and related services under Section 300.300(b) of Title 34 of the Code of Federal Regulations, the local educational agency shall provide those special education and related services that are not in dispute between the parent and the local educational agency. (e) A party to the hearing held pursuant to this section shall be afforded the following rights consistent with state and federal statutes and regulations: (1) The right to be accompanied and advised by counsel and by individuals with special knowledge or training relating to the problems of individuals with exceptional needs. (2) The right to present evidence, written arguments, and oral arguments. (3) The right to confront, cross-examine, and compel the attendance of, witnesses. (4) The right to a written, or, at the option of the parent, electronic, verbatim record of the hearing. (5) The right to written, or, at the option of the parent, electronic, findings of fact and decisions. The record of the hearing and the findings of fact and decisions shall be provided at no cost to parents in accordance with Section 300.512(c)(3) of Title 34 of the Code of Federal Regulations. The findings and decisions shall be made available to the public after any personally identifiable information has been deleted consistent with the confidentiality requirements of Section 1417(c) of Title 20 of the United States Code and shall also be transmitted to the Advisory Commission on Special Education pursuant to Section 1415(h)(4) of Title 20 of the United States Code. (6) The right to be informed by the other parties to the hearing, at least 10 days before the hearing, as to what those parties believe are the issues to be decided at the hearing and their proposed resolution of those issues. Upon the request of a parent who is not represented by an attorney, the agency responsible for conducting hearings shall provide a mediator to assist the parent in identifying the issues and the proposed resolution of the issues. (7) The right to receive from other parties to the hearing, at least five business days before the hearing, a copy of all documents and a list of all witnesses and their general area of testimony that the parties intend to present at the hearing. Included in the material to be disclosed to all parties at least five business days before a hearing shall be all assessments completed by that date and recommendations based on the assessments that the parties intend to use at the hearing. (8) The right, pursuant to Section 300.512(a)(3) of Title 34 of the Code of Federal Regulations, to prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five business days before the hearing. (f) (1) In accordance with Section 1415(f)(3)(E) of Title 20 of the United States Code, the decision of a due process hearing officer shall be made on substantive grounds based on a determination of whether the child received a free appropriate public education. (2) In matters alleging a procedural violation, a due process hearing officer may find that a child did not receive a free appropriate public education only if the procedural violation did any of the following: (A) Impeded the right of the child to a free appropriate public education. (B) Significantly impeded the opportunity of the parent to participate in the decisionmaking process regarding the provision of a free appropriate public education to the child of the parent. (C) Caused a deprivation of educational benefits. (3) The hearing conducted pursuant to this section shall be completed and a written, reasoned decision, including the reasons for a nonpublic, nonsectarian school placement, the provision of nonpublic, nonsectarian agency services, or the reimbursement for the placement or services, taking into account the requirements of subdivision (a) of Section 56365, shall be mailed to all parties to the hearing not later than 45 days after the expiration of the 30-day period pursuant to subdivision (c) of Section 56501.5. Either party to the hearing may request the hearing officer to grant an extension. The extension shall be granted upon a showing of good cause. The hearing officer shall apply Rule 3.1332 of the California Rules of Court in making a determination of what constitutes good cause. An extension shall extend the time for rendering a final administrative decision only for a period equal to the length of the extension. A second or subsequent extension may be granted for good cause or any other purpose at the discretion of the hearing officer. (4) This subdivision does not preclude a due process hearing officer from ordering a local educational agency to comply with procedural requirements under this chapter. (g) Subdivision (f) does not alter the burden of proof required in a due process hearing, or prevent a hearing officer from ordering a compensatory remedy for an individual with exceptional needs. (h) The hearing conducted pursuant to this section shall be the final administrative determination and binding on all parties. (i) In decisions relating to the placement of individuals with exceptional needs, the person conducting the state hearing shall consider cost, in addition to all other factors that are considered. (j) In a hearing conducted pursuant to this section, the hearing officer shall not base a decision solely on nonsubstantive procedural errors, unless the hearing officer finds that the nonsubstantive procedural errors resulted in the loss of an educational opportunity to the pupil or interfered with the opportunity of the parent of the pupil to participate in the formulation process of the individualized education program. (k) This chapter does not preclude a party aggrieved by the findings and decisions in a hearing under this section from exercising the right to appeal the decision to a state court of competent jurisdiction. An aggrieved party also may exercise the right to bring a civil action in a district court of the United States without regard to the amount in controversy, pursuant to Section 300.516 of Title 34 of the Code of Federal Regulations. An appeal shall be made within 90 days of receipt of the hearing decision. During the pendency of an administrative or judicial proceeding conducted pursuant to Chapter 5 (commencing with Section 56500), the child involved in the hearing shall remain in his or her present educational placement, unless the public agency and the parent of the child agree otherwise. An action brought under this subdivision shall adhere to Section 300.516(c) of Title 34 of the Code of Federal Regulations. (l) A request for a due process hearing arising under subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of the facts underlying the basis for the request. In accordance with Section 1415(f)(3)(D) of Title 20 of the United States Code, the time period specified in this subdivision does not apply to a parent if the parent was prevented from requesting the due process hearing due to either of the following: (1) Specific misrepresentations by the local educational agency that it had solved the problem forming the basis of the due process hearing request. (2) The withholding of information by the local educational agency from the parent that was required under this part to be provided to the parent. (m) Pursuant to Section 300.511(c) of Title 34 of the Code of Federal Regulations, each public agency shall keep a list of the persons who serve as due process hearing officers, in accordance with Section 56504.5, and the list shall include a statement of the qualifications of each of those persons. The list of hearing officers shall be provided to the public agencies by the organization or entity under contract with the department to conduct due process hearings. (n) A party who filed for a due process hearing before the effective date of this section is not bound by the two-year statute of limitations time period in subdivision (l) if the party filed a request within the three-year statute of limitations provision pursuant to subdivision (l), as that subdivision read before October 9, 2006. (Amended by Stats. 2018, Ch. 874, Sec. 1. (AB 2580) Effective January 1, 2019.)
  58. 56505.1.

    ## 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 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The hearing officer may take several actions during the hearing, including questioning witnesses, requesting expert discussion, visiting sites, calling witnesses, ordering assessments, excluding late-disclosed evidence, and setting a reasonable hearing length.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56505.1. The hearing officer may do any of the following during the hearing: (a) Question a witness on the record prior to any of the parties doing so. (b) With the consent of both parties to the hearing, request that conflicting experts discuss an issue or issues with each other while on the record. (c) Visit the proposed placement site or sites when the physical attributes of the site or sites are at issue. (d) Call a witness to testify at the hearing if all parties to the hearing consent to the witness giving testimony or the hearing is continued for at least five days after the witness is identified and before the witness testifies. (e) Order that an impartial assessment, including an independent educational assessment, of the pupil be conducted for purposes of the hearing and continue the hearing until the assessment has been completed. The cost of any assessment ordered under this subdivision shall be at public expense pursuant to subsection (d) of Section 300.502 of Title 34 of the Code of Federal Regulations and included in the contract between the department and the organization or entity conducting the hearing. (f) Bar introduction of any documents or the testimony of any witnesses not disclosed to the hearing officer at least five business days prior to the hearing and bar introduction of any documents or the testimony of any witnesses at the hearing without the consent of the other party not disclosed to the parties at least five business days prior to the hearing pursuant to paragraph (7) of subdivision (e) of Section 56505. (g) In decisions relating to the provision of related services by other public agencies, the hearing officer may call as witnesses independent medical specialists qualified to present evidence in the area of the pupil’s medical disability. The cost for any witness called to testify under this subdivision shall be included in the contract between the department and the organization or entity conducting the hearing. (h) Set a reasonable limit on the length of the hearing after consideration of all of the following: (1) The issues to be heard. (2) The complexity of the facts to be proven. (3) The ability of the parties and their representatives, if any, to present their respective cases. (4) The estimate of the parties as to the time needed to present their respective cases. (Amended by Stats. 2004, Ch. 161, Sec. 23. Effective July 16, 2004.)
  59. 56505.2.

    ## 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 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

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    A hearing officer may not issue a decision placing an individual with exceptional needs in a nonpublic, nonsectarian school or service unless the school or agency is certified under Section 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 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56505.2. (a) A hearing officer may not render a decision that results in the placement of an individual with exceptional needs in a nonpublic, nonsectarian school, or that results in a service for an individual with exceptional needs provided by a nonpublic, nonsectarian agency, if the school or agency has not been certified pursuant to Section 56366.1. (b) A hearing officer shall consider Sections 56365, 56366, and 56366.1 during a due process hearing concerning an issue of placement of an individual with exceptional needs in a nonpublic, nonsectarian school, or services for an individual with exceptional needs provided by a nonpublic, nonsectarian agency. (Amended by Stats. 2004, Ch. 408, Sec. 2. Effective January 1, 2005.)
  60. 56506.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

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    This section gives the pupil and parent several special education due process rights, including notice, referrals, independent assessment, participation in the IEP, consent rules for assessment and placement, and an option to receive notices by email if offered.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56506. In addition to the due process hearing rights enumerated in subdivision (b) of Section 56501, the following due process rights extend to the pupil and the parent: (a) Written notice to the parent of his or her rights in language easily understood by the general public and in the native language of the parent, as defined in Section 300.29 of Title 34 of the Code of Federal Regulations, or other mode of communication used by the parent, unless to do so is clearly not feasible. The written notice of rights shall include, but not be limited to, those prescribed by Section 56341. (b) The right to initiate a referral of a child for special education services pursuant to Section 56303. (c) The right to obtain an independent educational assessment pursuant to subdivision (b) or (c) of Section 56329. (d) The right to participate in the development of the individualized education program and to be informed of the availability under state and federal law of free appropriate public education and of all available alternative programs, both public and nonpublic. (e) Written parental consent pursuant to Section 56321 shall be obtained before any assessment of the pupil is conducted, unless the public agency prevails in a due process hearing relating to the assessment. In accordance with Section 300.300(c)(2) of Title 34 of the Code of Federal Regulations, informed parental consent need not be obtained in the case of a reassessment of the pupil if the local educational agency can demonstrate that it has taken reasonable measures to obtain consent and the pupil’s parent has failed to respond. (f) Written parental consent pursuant to Section 56346 shall be obtained before the pupil is placed in a special education program. (g) A parent of an individual with exceptional needs may elect to receive notices required under this chapter by an electronic mail communication, if the local educational agency makes that option available, in accordance with Section 1415(n) of Title 20 of the United States Code. (Amended by Stats. 2007, Ch. 56, Sec. 86. Effective January 1, 2008.)
  61. 56507.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

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    This section requires advance notice if a party plans to use an attorney at a due process hearing, limits when attorney’s fees may be awarded, restricts public agencies’ use of certain federal special education funds, and requires the hearing decision to state who prevailed on each issue.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56507. (a) If either party to a due process hearing intends to be represented by an attorney in the state hearing, notice of that intent shall be given to the other party at least 10 days prior to the hearing. The failure to provide that notice shall constitute good cause for a continuance. (b) (1) An award of reasonable attorney’s fees to the prevailing parent, guardian, or pupil, as the case may be, may only be made either with the agreement of the parties following the conclusion of the administrative hearing process or by a court of competent jurisdiction pursuant to Section 1415(i)(3) of Title 20 of the United States Code. (2) In accordance with Section 1415(i)(3) of Title 20 of the United States Code, the court, in its discretion, may award reasonable attorney’s fees as part of the costs to a prevailing party who is a state educational agency or local educational agency in the following circumstances: (A) Against the attorney of a parent who files a due process hearing request or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation. (B) Against the attorney of a parent, or against the parent, if the parent’s due process hearing request or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation. (c) Public agencies shall not use federal funds distributed under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or other federal special education funds, for the agency’s own legal counsel or other advocacy costs, that may include, but are not limited to, a private attorney or employee of an attorney, legal paraprofessional, or other paid advocate, related to a due process hearing or the appeal of a hearing decision to the courts. Funds shall not be used to reimburse parents who prevail and are awarded attorney’s fees, pursuant to subdivision (b), as part of the judgment. Nothing in this subdivision shall preclude public agencies from using these funds for attorney services related to the establishment of policy and programs, or responsibilities, under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and the program administration of these programs. This subdivision does not apply to attorneys and others hired under contract to conduct administrative hearings pursuant to subdivision (a) of Section 56505. (d) The hearing decision shall indicate the extent to which each party has prevailed on each issue heard and decided, including issues involving other public agencies named as parties to the hearing. (Amended by Stats. 2007, Ch. 56, Sec. 87. Effective January 1, 2008.)
  62. 56508.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

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    The Legislature states that the department should develop local training materials and conduct workshops on nonadversarial ways to resolve differences for the benefit of children and youth with disabilities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56508. It is the intent of the Legislature that the department develop training materials that can be used locally by parents, public agencies, and others and conduct workshops on alternative resolutions for resolving differences in a nonadversarial atmosphere with the mutual goal of providing a free appropriate public education for children and youth with disabilities. (Amended by Stats. 2007, Ch. 56, Sec. 88. Effective January 1, 2008.)
  63. 56509.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. )

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    A parent may file a separate due process hearing request for a separate issue, even if another due process hearing request has already been filed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5. Procedural Safeguards [56500 - 56509] ( Chapter 5 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56509. This chapter, in accordance with subsection (o) of Section 1415 of Title 20 of the United States Code, does not preclude a parent from filing a separate due process hearing request on an issue separate from a due process hearing request already filed. (Added by Stats. 2005, Ch. 653, Sec. 46. Effective October 7, 2005.)
  64. 56515.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5.1. Confidentiality of Information About Individuals With Exceptional Needs [56515- 56515.] ( Chapter 5.1 added by Stats. 2004, Ch. 161, Sec. 25. )

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    This section says confidentiality rules apply to personally identifiable information about individuals with exceptional needs, and it sets when parental consent is required before disclosure.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5.1. Confidentiality of Information About Individuals With Exceptional Needs [56515- 56515.] ( Chapter 5.1 added by Stats. 2004, Ch. 161, Sec. 25. ) ## 56515. (a) In addition to the provisions of Chapter 6.5 (commencing with Section 49060) of Part 27, the confidentiality of personally identifiable information about individuals with exceptional needs shall be governed and protected in accordance with Sections 1412(a)(8) and 1417(c) of Title 20 of the United States Code and Part 300 (commencing with Section 300.1) of Title 34 of the Code of Federal Regulations, including Sections 300.611 to 300.626, inclusive, covering notice to parents, access rights, records of access, records on more than one child, list of types and locations of information, fees, amendment of records at parent’s request, opportunity for a hearing, result of hearing, hearing procedures, consent, destruction of information, children’s privacy rights, and enforcement, and Section 1413(i) of Title 20 of the United States Code and Section 300.229 of Title 34 of the Code of Federal Regulations, regarding disciplinary information. (b) Pursuant to Section 300.32 of Title 34 of the Code of Federal Regulations, “personally identifiable,” as used in this part, includes all of the following information: (1) The name of the child, the parent of the child, or other family member. (2) The address of the child. (3) A personal identifier, including, but not limited to, the social security number of the child, a pupil number, a list of personal characteristics, or other information that would make it possible to identify the child with reasonable certainty. (c) (1) In accordance with Section 300.622 of Title 34 of the Code of Federal Regulations, parental consent shall be obtained before personally identifiable information is disclosed to the parties, other than officials of participating agencies in accordance with Section 300.622(b)(1) of Title 34 of the Code of Federal Regulations, unless the information is contained in education records, and the disclosure is authorized without parental consent under Part 99 (commencing with Section 99.1) of Title 34 of the Code of Federal Regulations. Except as provided in paragraphs (2) and (3), parental consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of this part or Part 300 (commencing with Section 300.1) of Title 34 of the Code of Federal Regulations. (2) Parental consent, or the consent of an eligible child who has reached the age of 18 years, shall be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services in accordance with Section 300.321(b)(3) of Title 34 of the Code of Federal Regulations. (3) If a child is enrolled, or is going to enroll in a private school that is not located in the local educational agency of the residence of the parent, parental consent shall be obtained before any personally identifiable information about the child is released between officials in the local educational agency where the private school is located and officials in the local educational agency of the residence of the parent. (Amended by Stats. 2007, Ch. 454, Sec. 33. Effective October 10, 2007.)
  65. 56520.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5.5. Behavioral Interventions [56520 - 56525] ( Chapter 5.5 added by Stats. 1990, Ch. 959, Sec. 1. )

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    This section states legislative findings and intent about using positive behavioral interventions and supports for children with serious behavioral challenges, while avoiding unacceptable, painful, or traumatic procedures.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5.5. Behavioral Interventions [56520 - 56525] ( Chapter 5.5 added by Stats. 1990, Ch. 959, Sec. 1. ) ## 56520. (a) The Legislature finds and declares all of the following: (1) That the state has continually sought to provide an appropriate and meaningful educational program in a safe and healthy environment for all children regardless of possible physical, mental, or emotionally disabling conditions. (2) That some schoolage individuals with exceptional needs have significant behavioral challenges that have an adverse impact on their learning or the learning of other pupils, or both. (3) That Section 1400(c)(5)(F) of Title 20 of the United States Code states that research and experience demonstrate that the education of children with disabilities can be made more effective by providing incentives for positive behavioral interventions and supports to address the learning and behavioral needs of those children. (4) That procedures for the elimination of maladaptive behaviors shall not include those deemed unacceptable under Section 49001 or those that cause pain or trauma. (b) It is the intent of the Legislature: (1) That children exhibiting serious behavioral challenges receive timely and appropriate assessments and positive supports and interventions in accordance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and its implementing regulations. (2) That assessments and positive behavioral interventions and supports be developed and implemented in a manner informed by guidance from the United States Department of Education and technical assistance centers sponsored by the Office of Special Education Programs of the United States Department of Education. (3) That when behavioral interventions, supports, and other strategies are used, they be used in consideration of the pupil’s physical freedom and social interaction, be administered in a manner that respects human dignity and personal privacy, and that ensure a pupil’s right to placement in the least restrictive educational environment. (4) That behavioral intervention plans be developed and used, to the extent possible, in a consistent manner when the pupil is also the responsibility of another agency for residential care or related services. (5) That training programs be developed and implemented in institutions of higher education that train teachers and that in-service training programs be made available as necessary in school districts and county offices of education to ensure that adequately trained staff are available to work effectively with the behavioral intervention needs of individuals with exceptional needs. (Amended by Stats. 2013, Ch. 48, Sec. 41. (AB 86) Effective July 1, 2013.)
  66. 56521.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5.5. Behavioral Interventions [56520 - 56525] ( Chapter 5.5 added by Stats. 1990, Ch. 959, Sec. 1. )

    Verify source ↗

    This chapter applies to certain individuals with exceptional needs in specified public or nonpublic school programs, and the Superintendent of Public Instruction must monitor and supervise implementation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5.5. Behavioral Interventions [56520 - 56525] ( Chapter 5.5 added by Stats. 1990, Ch. 959, Sec. 1. ) ## 56521. (a) This chapter applies to any individual with exceptional needs who is in a public school program, including a state school for the disabled pursuant to Part 32 (commencing with Section 59000), or who is placed in a nonpublic school program pursuant to Sections 56365 to 56366.5, inclusive. (b) The Superintendent of Public Instruction shall monitor and supervise the implementation of this chapter. (Amended by Stats. 1992, Ch. 759, Sec. 38. Effective September 21, 1992.)
  67. 56521.1.

    ## 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 5.5. Behavioral Interventions [56520 - 56525] ( Chapter 5.5 added by Stats. 1990, Ch. 959, Sec. 1. )

    Verify source ↗

    Emergency interventions are allowed only for sudden behavior posing a clear, serious danger, and they must stop as soon 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 5.5. Behavioral Interventions [56520 - 56525] ( Chapter 5.5 added by Stats. 1990, Ch. 959, Sec. 1. ) ## 56521.1. (a) Emergency interventions may only be used to control unpredictable, spontaneous behavior that poses clear and present danger of serious physical harm to the individual with exceptional needs, or others, and that cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior. (b) Emergency interventions shall not be used as a substitute for the systematic behavioral intervention plan that is designed to change, replace, modify, or eliminate a targeted behavior. (c) No emergency intervention shall be employed for longer than is necessary to contain the behavior. A situation that requires prolonged use of an emergency intervention shall require the staff to seek assistance of the schoolsite administrator or law enforcement agency, as applicable to the situation. (d) Emergency interventions shall not include: (1) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room. (2) Employment of a device, material, or objects that simultaneously immobilize all four extremities. (3) Prone restraint. (4) An amount of force that exceeds that which is reasonable and necessary under the circumstances. (e) To prevent emergency interventions from being used in lieu of planned, systematic behavioral interventions, the parent, guardian, and residential care provider, if appropriate, shall be notified within one schoolday if an emergency intervention is used or serious property damage occurs. A behavioral emergency report shall immediately be completed and maintained in the file of the individual with exceptional needs. The behavioral emergency report shall include all of the following: (1) The name and age of the individual with exceptional needs. (2) The setting and location of the incident. (3) The name of the staff or other persons involved. (4) A description of the incident and the emergency intervention used, and whether the individual with exceptional needs is currently engaged in any systematic behavioral intervention plan. (5) Details of any injuries sustained by the individual with exceptional needs, or others, including staff, as a result of the incident. (f) All behavioral emergency reports shall immediately be forwarded to, and reviewed by, a designated responsible administrator. (g) If a behavioral emergency report is written regarding an individual with exceptional needs who does not have a behavioral intervention plan, the designated responsible administrator shall, within two days, schedule an individualized education program (IEP) team meeting to review the emergency report, to determine the necessity for a functional behavioral assessment, and to determine the necessity for an interim plan. The IEP team shall document the reasons for not conducting the functional behavioral assessment, not developing an interim plan, or both. (h) If a behavioral emergency report is written regarding an individual with exceptional needs who has a positive behavioral intervention plan, an incident involving a previously unseen serious behavior problem, or where a previously designed intervention is ineffective, shall be referred to the IEP team to review and determine if the incident constitutes a need to modify the positive behavioral intervention plan. (Amended by Stats. 2024, Ch. 857, Sec. 5. (SB 483) Effective January 1, 2025.)
  68. 56521.2.

    ## 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 5.5. Behavioral Interventions [56520 - 56525] ( Chapter 5.5 added by Stats. 1990, Ch. 959, Sec. 1. )

    Verify source ↗

    Certain education agencies and nonpublic nonsectarian schools may not use or pay for abusive or harmful behavior interventions, and IEP teams must consider positive behavioral supports for children whose behavior interferes with learning.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5.5. Behavioral Interventions [56520 - 56525] ( Chapter 5.5 added by Stats. 1990, Ch. 959, Sec. 1. ) ## 56521.2. (a) A local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs pursuant to Sections 56365 and 56366, shall not authorize, order, consent to, or pay for the following interventions, or any other interventions similar to or like the following: (1) Any intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock. (2) An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the face of the individual. (3) An intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities. (4) An intervention that is designed to subject, used to subject, or likely to subject, the individual to verbal abuse, ridicule, or humiliation, or that can be expected to cause excessive emotional trauma. (5) Restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities. (6) Prone restraint. (7) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room. (8) An intervention that precludes adequate supervision of the individual. (9) An intervention that deprives the individual of one or more of the individual’s senses. (b) In the case of a child whose behavior impedes the child’s learning or that of others, the individualized education program team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations. (Amended by Stats. 2024, Ch. 857, Sec. 6. (SB 483) Effective January 1, 2025.)
  69. 56523.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5.5. Behavioral Interventions [56520 - 56525] ( Chapter 5.5 added by Stats. 1990, Ch. 959, Sec. 1. )

    Verify source ↗

    The Superintendent must repeal outdated behavioral-intervention regulations, and local educational agencies must agree to follow this chapter and related federal regulations as a condition of federal funding.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5.5. Behavioral Interventions [56520 - 56525] ( Chapter 5.5 added by Stats. 1990, Ch. 959, Sec. 1. ) ## 56523. (a) The Superintendent shall repeal those regulations governing the use of behavioral interventions with individuals with exceptional needs receiving special education and related services that are no longer supported by statute, including Section 3052 and subdivisions (d), (e), (f), (g), and (ab) of Section 3001 of Title 5 of the California Code of Regulations, as those provisions existed on January 10, 2013. (b) This chapter is necessary to implement the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and associated federal regulations. This chapter is intended to provide the clarity, definition, and specificity necessary for local educational agencies to comply with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and shall be implemented by local educational agencies without the development by the Superintendent and adoption by the state board of any additional regulations. (c) Pursuant to Section 1401(9) of Title 20 of the United States Code, special education and related services must meet the standards of the department. (d) As a condition of receiving funding from the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), a local educational agency shall agree to adhere to this chapter and implementing federal regulations set forth in this chapter. (e) The Superintendent may monitor local educational agency compliance with this chapter and may take appropriate action, including fiscal repercussions, if either of the following is found: (1) The local educational agency failed to comply with this chapter and failed to comply substantially with corrective action orders issued by the department resulting from monitoring findings or complaint investigations. (2) The local educational agency failed to implement the decision of a due process hearing officer based on noncompliance with this part, provisions of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or the federal implementing regulations, wherein noncompliance resulted in the denial of, or impeded the delivery of, a free appropriate public education for an individual with exceptional needs. (f) Commencing with the 2010–11 fiscal year, if any activities authorized pursuant to this chapter and implementing regulations are found be a state reimbursable mandate pursuant to Section 6 of Article XIII B of the California Constitution, state funding provided for purposes of special education pursuant to Item 6110-161-0001 of Section 2.00 of the annual Budget Act shall first be used to directly offset any mandated costs. (g) The Legislature hereby requests the Department of Finance on or before December 31, 2013, to exercise its authority pursuant to subdivision (d) of Section 17557 of the Government Code to file a request with the Commission on State Mandates for the purpose of amending the parameters and guidelines of CSM-4464 to delete any reimbursable activities that have been repealed by statute or executive order and to update offsetting revenues that apply to the mandated program. (Amended by Stats. 2013, Ch. 48, Sec. 44. (AB 86) Effective July 1, 2013.)
  70. 56524.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5.5. Behavioral Interventions [56520 - 56525] ( Chapter 5.5 added by Stats. 1990, Ch. 959, Sec. 1. )

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    The superintendent must explore current teacher training requirements with higher education representatives and the Commission on Teacher Credentialing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5.5. Behavioral Interventions [56520 - 56525] ( Chapter 5.5 added by Stats. 1990, Ch. 959, Sec. 1. ) ## 56524. The superintendent shall explore with representatives of institutions of higher education and the Commission on Teacher Credentialing, the current training requirements for teachers to ensure that sufficient training is available in appropriate behavioral interventions for people entering the field of education. (Added by Stats. 1990, Ch. 959, Sec. 1.)
  71. 56525.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 5.5. Behavioral Interventions [56520 - 56525] ( Chapter 5.5 added by Stats. 1990, Ch. 959, Sec. 1. )

    Verify source ↗

    A Board Certified Behavior Analyst may conduct behavior assessments and provide behavioral intervention services 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 5.5. Behavioral Interventions [56520 - 56525] ( Chapter 5.5 added by Stats. 1990, Ch. 959, Sec. 1. ) ## 56525. (a) A person recognized by the national Behavior Analyst Certification Board as a Board Certified Behavior Analyst may conduct behavior assessments and provide behavioral intervention services for individuals with exceptional needs. (b) This section does not require a district, special education local plan area, or county office to use a Board Certified Behavior Analyst to conduct behavior assessments and provide behavioral intervention services for individuals with exceptional needs. (Amended by Stats. 2013, Ch. 48, Sec. 45. (AB 86) Effective July 1, 2013.)
  72. 56600.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] ( Chapter 6 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The Legislature states its intent to provide ongoing, comprehensive evaluation of special education programs and to support the purposes of the Individuals with Disabilities Education 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 6. Evaluation, Audits, and Information [56600 - 56606] ( Chapter 6 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56600. It is the intent of the Legislature to provide for ongoing comprehensive evaluation of special education programs authorized by this part and to support the purposes of the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), pursuant to subsection (d) of Section 1400 of Title 20 of the United States Code. (Amended by Stats. 2002, Ch. 492, Sec. 46. Effective January 1, 2003.)
  73. 56600.6.

    ## 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 6. Evaluation, Audits, and Information [56600 - 56606] ( Chapter 6 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The Superintendent must monitor special education performance, provide technical assistance, enforce the part and related federal law, and report performance annually.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] ( Chapter 6 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56600.6. (a) The Superintendent shall ensure that pupil and program performance results are monitored at the state and local levels in order to comply with Section 1412(a)(15) of Title 20 of the United States Code by evaluating pupil performance against key performance indicators. As necessary, other data may be collected to support the state’s participation in national studies and evaluations described in Section 1474(a) of Title 20 of the United States Code. (b) The Superintendent shall monitor, provide technical assistance, and enforce this part, and Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) in accordance with Section 1416 of Title 20 of the United States Code, and Subpart F (commencing with Section 300.600) of Title 34 of the Code of Federal Regulations, and annually report to the United States Department of Education on performance. (c) Pursuant to Section 300.600(b) of Title 34 of the Code of Federal Regulations, the primary focus of the state’s monitoring activities shall be on the following: (1) Improving educational results and functional outcomes for all individuals with exceptional needs. (2) Ensuring that public agencies meet the program requirements under this part and under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), with a particular emphasis on those requirements that are most closely related to improving educational results for individuals with exceptional needs. (d) As part of state monitoring and enforcement, the Superintendent shall use quantifiable indicators and qualitative indicators as are needed to adequately measure performance in the indicators established by the United States Secretary of Education, and in the following priority areas specified in Section 300.600(d) of Title 34 of the Code of Federal Regulations: (1) Provision of a free appropriate public education in the least restrictive environment. (2) State exercise of general supervision, including child find, effective monitoring, the use of resolution meetings, mediation, and a system of transition services as defined in Section 1437(a)(9) of Title 20 of the United States Code and in Section 300.43 of Title 34 of the Code of Federal Regulations. (3) Disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification. (e) As part of the performance plan of the state, as required in Section 300.601 of Title 34 of the Code of Federal Regulations, the Superintendent shall collect valid and reliable information as needed to report annually to the United States Secretary of Education. (Amended by Stats. 2007, Ch. 454, Sec. 34. Effective October 10, 2007.)
  74. 56601.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] ( Chapter 6 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Special education local plan areas must submit annual information to the Superintendent, and the Superintendent must assign pupil identification numbers and keep individual pupil records confidential except as federally authorized.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] ( Chapter 6 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56601. (a) Each special education local plan area shall submit to the Superintendent at least annually information, in a form and manner prescribed by the Superintendent and developed in consultation with the special education local plan areas, in order for the Superintendent to carry out the evaluation responsibilities pursuant to Section 56602. This information shall include other statistical data, program information, and fiscal information that the Superintendent may require. The Superintendent shall use this information to answer questions from the Legislature and other state and federal agencies on program, policy, and fiscal issues of statewide interest. (b) In order to assist the state in evaluating the effectiveness of special education programs, including transition and work experience programs, the Superintendent shall, commencing with the 2017–18 fiscal year and phased in over a two-year period, assign a pupil identification number to individuals with exceptional needs for purposes of evaluating special education programs and related services. The Superintendent shall not disclose personally identifiable, individual pupil records to any person, institution, agency, or organization except as authorized by Section 1232g of Title 20 of the United States Code and Part 99 of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2017, Ch. 561, Sec. 42. (AB 1516) Effective January 1, 2018.)
  75. 56601.5.

    ## 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 6. Evaluation, Audits, and Information [56600 - 56606] ( Chapter 6 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    Each special education local plan area must annually report pupil counts for special education services and assessment participation to the Superintendent.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] ( Chapter 6 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56601.5. Pursuant to Section 1413(a)(7) of Title 20 of the United States Code and Section 300.211 of Title 34 of the Code of Federal Regulations, each special education local plan area annually shall report to the Superintendent the number of pupils receiving special education services participating in the regular school and district assessments and the number participating in an alternate assessment process. (Amended by Stats. 2007, Ch. 56, Sec. 89. Effective January 1, 2008.)
  76. 56602.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] ( Chapter 6 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The superintendent must submit a biennial performance report on special education programs under 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 6. Evaluation, Audits, and Information [56600 - 56606] ( Chapter 6 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56602. Pursuant to subparagraph (C) of paragraph (16) of subsection (a) of Section 1412 of Title 20 of the United States Code and Section 80.40 of Title 34 of the Code of Federal Regulations, the superintendent shall submit to the board, the Legislature, and the Governor, a biennial performance report of the special education programs implemented under this part. (Repealed and added by Stats. 2002, Ch. 492, Sec. 51. Effective January 1, 2003.)
  77. 56604.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] ( Chapter 6 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The superintendent must coordinate evaluation design to avoid duplication and reduce school and district reporting burdens, and the State Department of Education must use sampling procedures whenever 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 6. Evaluation, Audits, and Information [56600 - 56606] ( Chapter 6 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56604. (a) The superintendent shall coordinate the design of evaluations to prevent duplication and to minimize data collection and reporting requirements at the school and district levels. (b) The State Department of Education shall utilize sampling procedures whenever feasible. (Amended by Stats. 1988, Ch. 1508, Sec. 8.)
  78. 56605.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] ( Chapter 6 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The superintendent must periodically sponsor or conduct workshops and seminars for certain local education agency personnel.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] ( Chapter 6 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56605. The superintendent shall periodically sponsor or conduct workshops and seminars for the education of local education agency personnel assigned to, and responsible for, the evaluation of local special education programs. (Amended by Stats. 1988, Ch. 1508, Sec. 9.)
  79. 56606.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] ( Chapter 6 added by Stats. 1980, Ch. 797, Sec. 9. )

    Verify source ↗

    The Superintendent must provide onsite program and fiscal reviews of approved plans, may use outside experts for those reviews and audits, and each special education local plan area must be reviewed at least once during its approval period.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] ( Chapter 6 added by Stats. 1980, Ch. 797, Sec. 9. ) ## 56606. The Superintendent shall provide for onsite program and fiscal reviews of the implementation of plans approved under this part. In performing the reviews and audits, the Superintendent may utilize the services of persons outside of the department chosen for their knowledge of special education programs. A special education local plan area shall be reviewed at least once during the period of approval of its local plan. (Amended by Stats. 2007, Ch. 56, Sec. 90. Effective January 1, 2008.)
  80. 56836.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 1. Administration [56836 - 56836.05] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 65. )

    Verify source ↗

    Starting with the 1998–99 fiscal year, apportionments for special education local plan areas must be computed under this chapter.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 1. Administration [56836 - 56836.05] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836. Commencing with the 1998–99 fiscal year and for each fiscal year thereafter, apportionments to special education local plan areas for special education programs operated by, and services provided by, districts, county offices, and special education local plan areas shall be computed pursuant to this chapter. (Added by Stats. 1997, Ch. 854, Sec. 65. Effective January 1, 1998.)
  81. 56836.01.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 1. Administration [56836 - 56836.05] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 65. )

    Verify source ↗

    Each special education local plan area administrator must carry out budget administration, fund allocation, and required reporting and accounting, starting with the 1998–99 fiscal year and following the board-approved 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 1. Administration [56836 - 56836.05] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.01. Commencing with the 1998–99 fiscal year and each fiscal year thereafter, the administrator of each special education local plan area, in accordance with the local plan approved by the board, shall be responsible for the following: (a) The fiscal administration of the annual budget plan pursuant to paragraph (1) of subdivision (b) of Section 56205 and annual allocation plan for multidistrict special education local plan areas pursuant to Section 56836.05 for special education programs of school districts and county superintendents of schools composing the special education local plan area. (b) The allocation of state and federal funds allocated to the special education local plan area for the provision of special education and related services by those entities. (c) The reporting and accounting requirements prescribed by this part. (Amended by Stats. 2004, Ch. 896, Sec. 62. Effective September 29, 2004.)
  82. 56836.02.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 1. Administration [56836 - 56836.05] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 65. )

    Verify source ↗

    The Superintendent must allocate certain special education funds according to the adopted allocation plan, with alternate routing to a local plan area unit if the plan says 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 1. Administration [56836 - 56836.05] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.02. (a) The Superintendent shall apportion funds from Section A of the State School Fund to districts and county offices of education in accordance with the allocation plan adopted pursuant to Section 56836.05, unless the allocation plan specifies that funds be apportioned to the administrative unit of the special education local plan area. If the allocation plan specifies that funds be apportioned to the administrative unit of the special education local plan area, the administrator of the special education local plan area shall, upon receipt, distribute the funds in accordance with the method adopted pursuant to subdivision (i) of Section 56195.7. The allocation plan shall, before submission to the Superintendent, be approved according to the local policymaking process established by the special education local plan area. (b) The Superintendent shall apportion funds for regionalized services and program specialists from Section A of the State School Fund to the administrative unit of each special education local plan area. Upon receipt, the administrator of a special education local plan area shall direct the administrative unit of the special education local plan area to distribute the funds in accordance with the annual budget plan adopted pursuant to paragraph (1) of subdivision (b) of Section 56205. (Amended by Stats. 2018, Ch. 32, Sec. 96. (AB 1808) Effective June 27, 2018.)
  83. 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 1. Administration [56836 - 56836.05] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 65. )

    Verify source ↗

    Special education local plan areas must submit revised local plans and follow specified reporting and accounting rules until the revised plan is approved and in use.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 1. Administration [56836 - 56836.05] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.03. (a) On or after January 1, 1998, each special education local plan area shall submit a revised local plan. Each special education local plan area shall submit its revised local plan not later than the time it is required to submit its local plan pursuant to subdivision (b) of Section 56100 and the revised local plan shall meet the requirements of Chapter 3 (commencing with Section 56205). (b) Until the board has approved the revised local plan and the special education local plan area begins to operate under the revised local plan, each special education local plan area shall continue to operate under the programmatic, reporting, and accounting requirements prescribed by the State Department of Education for the purposes of Chapter 7 (commencing with Section 56700) as that chapter existed on December 31, 1998. The department shall develop transition guidelines, and, as necessary, transition forms, to facilitate a transition from the reporting and accounting methods required for Chapter 7 (commencing with Section 56700) as that chapter existed on December 31, 1998, and related provisions of this part, to the reporting and accounting methods required for this chapter. Under no circumstances shall the transition guidelines exceed the requirements of the provisions described in paragraphs (1) and (2). The transition guidelines shall, at a minimum, do the following: (1) Describe the method for accounting for the instructional service personnel units and caseloads, as required by Chapter 7 (commencing with Section 56700) as that chapter existed on December 31, 1998. (2) Describe the accounting that is required to be made, if any, for the purposes of Sections 56030, 56140, 56156.4, 56361.5, 56362, 56363.3, 56366.2, 56366.3, 56441.5, and 56441.7. (c) Commencing with the 1997–98 fiscal year, through and including the fiscal year in which equalization among special education local plan areas has been achieved, the board shall not approve any proposal to divide a special education local plan area into two or more units, unless the division has no net impact on state costs for special education; provided, however, that the board may approve a proposal that was initially submitted to the department prior to January 1, 1997. (Amended by Stats. 2004, Ch. 896, Sec. 63. Effective September 29, 2004.)
  84. 56836.04.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 1. Administration [56836 - 56836.05] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 65. )

    Verify source ↗

    The Superintendent must continuously monitor and review approved special education programs to make sure appropriated funds are used for their intended purposes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 1. Administration [56836 - 56836.05] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.04. (a) The Superintendent continuously shall monitor and review all special education programs approved under this part to ensure that all funds appropriated to special education local plan areas under this part are expended for the purposes intended. (b) Funds apportioned to special education local plan areas pursuant to this chapter are to assist local educational agencies to provide special education and related services to individuals with exceptional needs and shall be expended exclusively for programs operated under this part. (Amended by Stats. 2007, Ch. 56, Sec. 91. Effective January 1, 2008.)
  85. 56836.045.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 1. Administration [56836 - 56836.05] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 65. )

    Verify source ↗

    For fiscal year 2022–23, the Superintendent may make the listed special education funding computations only after receiving the required joint notification.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 1. Administration [56836 - 56836.05] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.045. For the 2022–23 fiscal year, the Superintendent shall only make the computations described in Sections 56836.14, 56836.142, 56836.144, 56836.146, 56836.148, and 56836.15 upon receiving a joint notification from the Director of Finance, or the director’s designee, and the chairperson and vice chairperson of the Joint Legislative Budget Committee, or their designees, that a bill providing for appropriations related to the budget bill, within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, that is identified in the Budget Act of 2022 makes statutory changes designed to improve the academic outcomes of individuals with exceptional needs. These statutory changes may include, but are not limited to, all of the following topics: (a) Clarification of the roles of local educational agencies and special education local plan areas in the delivery of special education services and supports for pupils with disabilities, including improved alignment between special education and general education program development, budgeting and continuous improvement, in a manner that aligns with the statewide system of support. (b) Statutory changes to the existing funding allocations for special education to improve services and supports to pupils with disabilities. (c) Expansion of early intervention and inclusive practices to ensure that every individual with exceptional needs has access to learn in the least restrictive environment, as appropriate. (d) Additional statutory changes that may result from the examinations into special education services and supports as authorized in Section 50 of Chapter 51 of the Statutes of 2019, and Provisions 23, 24, and 25 in Schedule (2) of Item 6100-001-0890 of Chapter 6 of the Statutes of 2020. (Added by Stats. 2021, Ch. 44, Sec. 96. (AB 130) Effective July 9, 2021.)
  86. 56836.05.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 1. Administration [56836 - 56836.05] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 65. )

    Verify source ↗

    This section sets how special education funds are apportioned, allocated, and paid.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 1. Administration [56836 - 56836.05] ( Article 1 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.05. (a) Apportionments made under this part shall be made by the superintendent as early as practicable in the fiscal year. Upon order of the superintendent, the Controller shall draw warrants upon the money appropriated, in favor of the eligible special education local plan areas. (b) If the special education local plan area is a multidistrict special education local plan area, and the approved allocation plan does not specify that funds will be apportioned to the special education local plan area administrative unit, the special education local plan area shall submit to the superintendent an annual allocation plan to allocate funds received in accordance with this chapter among the local educational agencies within the special education local plan area. The annual allocation plan may be revised during any fiscal year, and these revisions may be submitted to the superintendent as amendments. The amendments shall, prior to submission to the superintendent, be approved according to the policymaking process established by the special education local plan area. (c) If funds are apportioned to a special education local plan area administrative unit in the 1998–99 fiscal year and the special education local plan area administrative unit is changed in the 1998–99 fiscal year or thereafter, monthly payments shall be made according to the schedule in paragraph (2) of subdivision (a) of Section 14041 unless all local educational agencies are on the same schedule. If all local educational agencies are on the same schedule, the appropriate schedule in paragraph (2), (7), or (8) of subdivision (a) of Section 14041 shall apply. (Amended by Stats. 1998, Ch. 89, Sec. 49. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
  87. 56836.06.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. )

    Verify source ↗

    This section defines terms used for special education funding calculations and states that the section becomes inoperative on July 1, 2020.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.06. (a) For purposes of this article, the following terms or phrases have the following meanings, unless the context clearly requires otherwise: (1) “Average daily attendance reported for the special education local plan area” means the total of the following: (A) The total number of units of average daily attendance reported for the second principal apportionment pursuant to Section 41601 for all pupils enrolled in the district or districts that are a part of the special education local plan area. (B) The total number of units of average daily attendance reported pursuant to subdivisions (a) and (b) of Section 41601 for all pupils enrolled in schools operated by the county office or offices that comprise the special education local plan area, or for those county offices that are a part of more than one special education local plan area, that portion of the average daily attendance of pupils enrolled in the schools operated by the county office that are under the jurisdiction of the special education local plan area. (2) For purposes of computing apportionments pursuant to this chapter for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the term “average daily attendance” means the total number of units of average daily attendance reported for the second principal apportionment pursuant to subdivisions (a) and (b) of Section 41601 for all pupils enrolled in districts within the County of Los Angeles and all schools operated by the Los Angeles County Office of Education and the districts within the County of Los Angeles. (3) “Special education local plan area” includes the school district or districts and county office or offices of education comprising the special education local plan area. (4) “The fiscal year in which equalization among special education local plan areas has been achieved” means the first fiscal year in which each special education local plan area is funded at or above the statewide target amount per unit of average daily attendance, as computed pursuant to Section 56836.11. (5) For a charter school deemed a local educational agency for purposes of special education, an amount equal to the amount computed pursuant to Section 56836.08 for the special education local plan area in which the charter school is included shall be apportioned by the department pursuant to the local allocation plan developed pursuant to subdivision (i) of Section 56195.7 or 56836.05, or both. (b) This section shall become inoperative on July 1, 2020. (Amended by Stats. 2021, Ch. 124, Sec. 23. (AB 938) Effective January 1, 2022. Inoperative July 1, 2020, by its own provisions.)
  88. 56836.07.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. )

    Verify source ↗

    The Superintendent must allocate certain special education and mental health-related funds and calculate proportionate shares for specified Los Angeles County programs when the relevant Budget Act appropriation exists.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.07. (a) For the 2004–05 fiscal year to the 2019–20 fiscal year, inclusive, to the extent there is an appropriation in the annual Budget Act for purposes of educationally related mental health services, the Superintendent shall allocate funds per unit of average daily attendance, as defined in Section 56836.06, reported for the special education local plan area. For the 2004–05 fiscal year to the 2019–20 fiscal year, inclusive, for which there is an appropriation in the annual Budget Act for this purpose, the Superintendent shall determine a proportionate share, consistent with existing law, to the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area based on the ratio of the amount per unit of average daily attendance determined pursuant to Section 56836.10 to the amount of the statewide target per unit of average daily attendance determined pursuant to Section 56836.11. (b) For the 2020–21, 2021–22, and 2022–23 fiscal years, to the extent there is an appropriation of federal funds in the annual Budget Act for purposes of educationally related mental health services, the Superintendent shall allocate funds per unit of average daily attendance, as defined in Section 56836.06, reported for the special education local plan area for the 2019–20 fiscal year as of the second principal apportionment. For the 2020–21, 2021–22, and 2022–23 fiscal years, to the extent there is an appropriation of federal funds in the annual Budget Act for this purpose, the Superintendent shall determine a proportionate share, consistent with existing law, to the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area based on the ratio of the amount per unit of average daily attendance for the 2019–20 fiscal year determined pursuant to Section 56836.10 to the amount of the statewide target per unit of average daily attendance for the 2019–20 fiscal year determined pursuant to Section 56836.11. (c) For the 2020–21, 2021–22, and 2022–23 fiscal years, to the extent there is a General Fund appropriation in the annual Budget Act for purposes of mental health-related services, the Superintendent shall allocate funds per unit of average daily attendance, as defined in Section 56836.06, reported for the special education local plan area for the 2019–20 fiscal year as of the second principal apportionment. For the 2020–21, 2021–22, and 2022–23 fiscal years, to the extent there is a General Fund appropriation in the annual Budget Act for this purpose, the Superintendent shall determine a proportionate share, consistent with existing law, to the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area based on the ratio of the amount per unit of average daily attendance for the 2019–20 fiscal year determined pursuant to Section 56836.10 to the amount of the statewide target per unit of average daily attendance for the 2019–20 fiscal year determined pursuant to Section 56836.11. (d) For the 2023–24 fiscal year and each fiscal year thereafter, to the extent there is an appropriation of federal funds in the annual Budget Act for purposes of educationally related mental health services, the Superintendent shall allocate funds per unit of average daily attendance, as defined in Section 56836.144, reported for the local educational agency for the prior fiscal year as of the second principal apportionment. For the 2023–24 fiscal year and each fiscal year thereafter for which there is an appropriation of federal funds in the annual Budget Act for this purpose, the Superintendent shall determine a proportionate share, consistent with existing law, to the Los Angeles County Juvenile Court and Community Schools based on the ratio of the amount per unit of average daily attendance for the prior fiscal year determined pursuant to Section 56836.146. (e) For the 2023–24 fiscal year and each fiscal year thereafter, to the extent there is a General Fund appropriation in the annual Budget Act for purposes of mental health-related services, the Superintendent shall allocate funds per unit of average daily attendance, as defined in Section 56836.144, reported for the local educational agency for the current fiscal year as of the second principal apportionment. For the 2023–24 fiscal year and each fiscal year thereafter for which there is a General Fund appropriation in the annual Budget Act for this purpose, the Superintendent shall determine a proportionate share, consistent with existing law, to the Los Angeles County Juvenile Court and Community Schools based on the ratio of the amount per unit of average daily attendance for the current fiscal year determined pursuant to Section 56836.146. (f) For the 2020–21 fiscal year and each fiscal year thereafter, the General Fund appropriations specified in subdivisions (c) and (e) shall be available for all mental health-related services for pupils with or without an individualized education program, including, but not limited to, all of the following: (1) Out-of-home residential services for emotionally disturbed pupils. (2) Counseling and guidance services, including counseling, personal counseling, and parental counseling and training. (3) Psychological services. (4) Social work services. (5) Behavioral interventions. (6) Any other mental health-related service not necessarily required by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (Amended by Stats. 2022, Ch. 52, Sec. 91. (AB 181) Effective June 30, 2022.)
  89. 56836.08.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. )

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    The Superintendent must perform specified funding calculations for special education local plan areas, using different formulas for different fiscal years.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.08. (a) For the 1998–99 fiscal year, the Superintendent shall make the following computations to determine the amount of funding for each special education local plan area: (1) Add the amount of funding per unit of average daily attendance computed for the special education local plan area pursuant to paragraph (1) of subdivision (a) of Section 56836.10 to the inflation adjustment computed pursuant to subdivision (d) for the 1998–99 fiscal year. (2) Multiply the amount computed in paragraph (1) by the units of average daily attendance reported for the special education local plan area for the 1997–98 fiscal year, excluding average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that subdivision read on July 1, 1996. (3) Add the actual amount of the equalization adjustment, if any, computed for the 1998–99 fiscal year pursuant to Section 56836.14 to the amount computed in paragraph (2). (4) Add or subtract, as appropriate, the adjustment for growth computed pursuant to Section 56836.13 from the amount computed in paragraph (3). (b) (1) For the 1999–2000 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the amount of funding for each special education local plan area for the fiscal year in which the computation is made: (A) Add the amount of funding per unit of average daily attendance computed for the special education local plan area for the prior fiscal year pursuant to Section 56836.10 to the inflation adjustment computed pursuant to subdivision (d) through the 2012–13 fiscal year, and for the 2013–14 fiscal year and each fiscal year thereafter, the inflation adjustment computed pursuant to subdivision (f), for the fiscal year in which the computation is made. (B) For the 1999–2000 fiscal year to the 2018–19 fiscal year, inclusive, multiply the amount computed in subparagraph (A) by the units of average daily attendance reported for the special education local plan area for the prior fiscal year. For the 2019–20 fiscal year and each fiscal year thereafter, multiply the amount computed in subparagraph (A) by the units of average daily attendance upon which funding was based for the prior year. (C) Add or subtract, as appropriate, the adjustment for growth or decline in enrollment, if any, computed for the special education local plan area for the fiscal year in which the computation is made pursuant to Section 56836.13 from the amount computed in subparagraph (B). (2) For the 1999–2000 fiscal year to the 2018–19 fiscal year, inclusive, the amount of funding for each special education local plan area shall be the amount computed in paragraph (1). (3) Subject to Section 56836.045, for the 2019–20 fiscal year and each fiscal year thereafter, the Superintendent shall determine the amount of funding for each special education local plan area, which shall be the greater of either subparagraph (A) or (B): (A) The amount of funding computed for each special education local plan area pursuant to paragraph (1). (B) An amount of funding computed as follows: (i) Calculate the funded units of average daily attendance based on the average daily attendance reported for the special education local plan area for the fiscal year in which the computation is made or the prior fiscal year, whichever is greater. (ii) For the 2019–20 fiscal year, calculate the amount of funding per unit of average daily attendance pursuant to Section 56836.11. For the 2020–21 fiscal year and every fiscal year thereafter, the amount of funding per unit of average daily attendance shall be the amount computed pursuant to this clause for the prior fiscal year multiplied by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (iii) Multiply the funded units of average daily attendance computed in clause (i) by the amount of funding per unit of average daily attendance computed in clause (ii). (C) If the amount of funding for a special education local plan area is determined pursuant to subparagraph (B) as of the second principal apportionment for the fiscal year in which the computation is made, the special education local plan area shall be funded pursuant to subparagraph (B) for each fiscal year thereafter. (c) For the 1998–99 fiscal year to the 2012–13 fiscal year, inclusive, the Superintendent shall make the following computations to determine the amount of General Fund moneys that the special education local plan area may claim: (1) Add the total of the amount of property taxes for the special education local plan area pursuant to Section 2572 for the fiscal year in which the computation is made to the amount of federal funds allocated for the purposes of paragraph (1) of subdivision (a) of Section 56836.09 for the fiscal year in which the computation is made. (2) Add the amount of funding computed for the special education local plan area pursuant to subdivision (a) for the 1998–99 fiscal year, and commencing with the 1999–2000 fiscal year to the 2012–13 fiscal year, inclusive, the amount computed for the fiscal year in which the computations were made pursuant to subdivision (b) to the amount of funding computed for the special education local plan area pursuant to Article 3 (commencing with Section 56836.165). (3) Subtract the sum computed in paragraph (1) from the sum computed in paragraph (2). (d) For the 1998–99 fiscal year to the 2012–13 fiscal year, inclusive, the Superintendent shall make the following computations to determine the inflation adjustment for the fiscal year in which the computation is made: (1) For the 1998–99 fiscal year, multiply the sum of the statewide target amount per unit of average daily attendance for special education local plan areas for the 1997–98 fiscal year computed pursuant to paragraph (3) of subdivision (a) of Section 56836.11 by the inflation adjustment computed pursuant to Section 42238.1 for the 1998–99 fiscal year. (2) For the 1999–2000 fiscal year to the 2012–13 fiscal year, inclusive, multiply the sum of the statewide target amount per unit of average daily attendance for special education local plan areas for the prior fiscal year computed pursuant to Section 56836.11 for the prior fiscal year by the inflation adjustment computed pursuant to Section 42238.1 for the fiscal year in which the computation is made. (3) For purposes of computing the inflation adjustment for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area for the 1998–99 fiscal year to the 2012–13 fiscal year, inclusive, the Superintendent shall multiply the amount of funding per unit of average daily attendance computed for that special education local plan area for the prior fiscal year pursuant to Section 56836.10 by the inflation adjustment computed pursuant to Section 42238.1 for the fiscal year in which the computation is being made. (e) Notwithstanding any other law, for the 2013–14 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the amount of General Fund moneys that the special education local plan area may claim: (1) Determine the total amount of property taxes for the special education local plan area pursuant to Section 2572 for the fiscal year in which the computation is made. (2) Calculate the amount of funding computed for the special education local plan area pursuant to subdivision (b) for the fiscal year in which the computation is made. (3) Subtract the amount computed in paragraph (1) from the amount computed in paragraph (2). (f) For the 2013–14 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the inflation adjustment for the fiscal year in which the computation is made: (1) Multiply the statewide target amount per unit of average daily attendance for special education local plan areas for the prior fiscal year computed pursuant to Section 56836.11 by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (2) For purposes of computing the inflation adjustment for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the Superintendent shall multiply the amount of funding per unit of average daily attendance computed for that special education local plan area for the prior fiscal year pursuant to Section 56836.10 by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (g) This section shall become inoperative on July 1, 2020. (Amended by Stats. 2020, Ch. 24, Sec. 71. (SB 98) Effective June 29, 2020. Inoperative July 1, 2020, by its own provisions.)
  90. 56836.09.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. )

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    The superintendent must calculate a special education local plan area’s funding for the 1998–99 fiscal year using specified 1997–98 amounts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.09. For the purpose of computing the amount to apportion to each special education local plan area for the 1998–99 fiscal year, the superintendent shall compute the total amount of funding received by the special education local plan area for the 1997–98 fiscal year as follows: (a) Add the following amounts that were received for the 1997–98 fiscal year: (1) The total amount of federal funds apportioned to the special education local plan area pursuant to subdivisions (b) and (h) of the Schedule in Item 6110-161-0890 of Section 2.00 of the Budget Act of 1997 for the purposes of special education for individuals with exceptional needs enrolled in kindergarten and grades 1 to 12, inclusive. (2) The total amount of property taxes allocated to the special education local plan area pursuant to Section 2572, excluding any property taxes used to fund a program for individuals with exceptional needs younger than three years of age in the special education local plan area for the 1997–98 fiscal year. (3) The total amount of General Fund moneys allocated to the special education local plan area pursuant to Chapter 7 (commencing with Section 56700) plus the total amount received for equalization pursuant to Chapter 7.1 (commencing with Section 56835), as those chapters existed on December 31, 1998. (4) The total amount of General Fund moneys allocated to another special education local plan area for any pupils with exceptional needs who are served by the other special education local plan area but who are residents of the special education local plan area for which this computation is being made. (b) Add the following amounts received in the 1997–98 fiscal year: (1) The total amount determined for the special education local plan area for the purpose of providing nonpublic, nonsectarian school services to licensed children’s institutions, foster family homes, residential medical facilities, and other similar facilities for the 1997–98 fiscal year pursuant to Article 3 (commencing with Section 56836.16). (2) The total amount of General Fund moneys allocated for any pupils with exceptional needs who are served by the special education local plan area but who do not reside within the boundaries of the special education local plan area. (3) The total amount of General Fund moneys allocated to the special education local plan area to perform the regionalized operations and services functions listed in Article 6 (commencing with Section 56836.23) and to provide the direct instructional support of program specialists in accordance with Section 56368. (4) The total amount of General Fund moneys allocated to the special education local plan area for individuals with exceptional needs younger than three years of age pursuant to Chapter 7 (commencing with Section 56700), as that chapter existed on December 31, 1998. (5) The total amount of General Fund moneys allocated to local educational agencies within the special education local plan area pursuant to Section 56771, as that section existed on December 31, 1998, for specialized books, materials, and equipment for pupils with low-incidence disabilities. (c) Subtract the sum computed in subdivision (b) from the sum computed in subdivision (a). (Amended by Stats. 1998, Ch. 330, Sec. 14. Effective August 21, 1998.)
  91. 56836.095.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. )

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    For the 2001–02 fiscal year, the Superintendent must make specified education funding computations in a set order.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.095. For the 2001–02 fiscal year, the Superintendent shall make the following computations in the following order: (a) Complete the calculations required to adjust the statewide total average daily attendance pursuant to Section 56836.156, and adjust the statewide target per unit of average daily attendance for the 2001–02 fiscal year in accordance with this calculation. (b) Compute and distribute the amount of funding appropriated for increasing the statewide target amount per unit of average daily attendance pursuant to Section 56836.158. (c) Compute and provide a permanent adjustment for each special education local plan area pursuant to Section 56836.159. (Amended by Stats. 2014, Ch. 32, Sec. 45. (SB 858) Effective June 20, 2014.)
  92. 56836.10.

    ## 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. )

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    The Superintendent must calculate funding per unit of average daily attendance for each special education local plan area using the formulas in this section.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.10. (a) The Superintendent shall make the following computations to determine the amount of funding per unit of average daily attendance for each special education local plan area for the 1998–99 fiscal year: (1) Divide the amount of funding for the special education local plan area computed for the 1997–98 fiscal year pursuant to Section 56836.09 by the number of units of average daily attendance, excluding average daily attendance for absences excused pursuant to subdivision (b) of Section 46010 as that subdivision read on July 1, 1997, reported for the special education local plan area for the 1997–98 fiscal year. (2) Add the amount computed in paragraph (1) to the inflation adjustment computed pursuant to subdivision (d) of Section 56836.08 for the 1998–99 fiscal year. (b) Commencing with the 1999–2000 fiscal year and continuing through the 2012–13 fiscal year, inclusive, the Superintendent shall make the following computations to determine the amount of funding per unit of average daily attendance for each special education local plan area for the fiscal year in which the computation is made: (1) For the 1999–2000 fiscal year, divide the amount of funding for the special education local plan area computed for the 1998–99 fiscal year pursuant to subdivision (a) of Section 56836.08 by the number of units of average daily attendance upon which funding is based pursuant to subdivision (a) of Section 56836.13 for the special education local plan area for the 1998–99 fiscal year. (2) For the 2000–01 fiscal year, to the 2012–13 fiscal year, inclusive, divide the amount of funding for the special education local plan area computed for the prior fiscal year pursuant to subdivision (b) of Section 56836.08 by the number of units of average daily attendance upon which funding is based pursuant to subdivision (a) of Section 56836.13 for the special education local plan area for the prior fiscal year. (c) Notwithstanding any other law, for the 2013–14 fiscal year, the Superintendent shall make the following computations to determine the amount of funding per unit of average daily attendance for each special education local plan area: (1) From the amount of funding for the special education local plan area computed for the 2012–13 fiscal year pursuant to subdivision (b) of Section 56836.08, subtract the total amount of federal funds apportioned to the special education local plan area pursuant to Schedule (1) of Item 6110-161-0890 of Section 2.00 of the Budget Act of 2013 for purposes of special education for individuals with exceptional needs enrolled in kindergarten and grades 1 to 12, inclusive. (2) Divide the amount computed in paragraph (1) by the number of units of average daily attendance upon which funding is based pursuant to subdivision (a) of Section 56836.13 for the special education local plan area for the 2012–13 fiscal year. (d) For the 2014–15 fiscal year, and each fiscal year thereafter, divide the amount of funding for the special education local plan area computed for the prior fiscal year pursuant to subdivision (b) of Section 56836.08 by the number of units of average daily attendance upon which funding is based pursuant to subdivision (a) of Section 56836.13 for the special education local plan area for the prior fiscal year. For the 2014–15 fiscal year, the amount of funding per unit of average daily attendance for each special education local plan area shall include funding provided pursuant to Section 56836.12. (e) This section shall become inoperative on July 1, 2020. (Amended by Stats. 2020, Ch. 24, Sec. 72. (SB 98) Effective June 29, 2020. Inoperative July 1, 2020, by its own provisions.)
  93. 56836.11.

    ## 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. )

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    The Superintendent must calculate the statewide target amount per unit of average daily attendance for special education local plan areas using the formulas and fiscal-year rules in this section.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.11. (a) For the purpose of computing the equalization adjustment for special education local plan areas for the 1998–99 fiscal year, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance for special education local plan areas: (1) Total the amount of funding computed for each special education local plan area excluding the amount of funding computed for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, pursuant to Section 56836.09 for the 1997–98 fiscal year. (2) Total the number of units of average daily attendance reported for each special education local plan area for the 1997–98 fiscal year, excluding average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that section read on July 1, 1996, and excluding the units of average daily attendance computed for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area. (3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2) to determine the statewide target amount for the 1997–98 fiscal year. (4) Add the amount computed in paragraph (3) to the inflation adjustment computed pursuant to subdivision (d) of Section 56836.08 for the 1998–99 fiscal year to determine the statewide target amount for the 1998–99 fiscal year. (b) Commencing with the 1999–2000 fiscal year to the 2004–05 fiscal year, inclusive, to determine the statewide target amount per unit of average daily attendance for special education local plan areas, the Superintendent shall multiply the statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section by one plus the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made. (c) For the 2005–06 fiscal year, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.13, as follows: (1) The 2004–05 fiscal year statewide target amount per unit of average daily attendance less the sum of the 2004–05 fiscal year total amount of federal funds apportioned pursuant to Schedule (1) in Item 6110-161-0890 of Section 2.00 of the Budget Act of 2004 for purposes of special education for individuals with exceptional needs enrolled in kindergarten and grades 1 to 12, inclusive, divided by the total average daily attendance computed for the 2004–05 fiscal year. (2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made. (3) Add the amounts computed in paragraphs (1) and (2). (d) Commencing with the 2006–07 fiscal year and continuing through the 2012–13 fiscal year, inclusive, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance for special education local plan areas for the purpose of computing the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.13: (1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section. (2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made. (3) Add the amounts computed in paragraphs (1) and (2). (e) For the 2013–14 fiscal year, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.13, as follows: (1) Total the amount of funding computed for each special education local plan area pursuant to the amount computed in subdivision (b) of Section 56836.08, including the amount of funds appropriated pursuant to Provision 22 of Item 6110-161-0001 of Section 2.00 of the Budget Act of 2013, and excluding the amount of funding computed for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, for the 2013–14 fiscal year. (2) Total the number of units of average daily attendance reported for each special education local plan area for the 2012–13 fiscal year, excluding the units of average daily attendance computed for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area. (3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2). (f) For the 2014–15 fiscal year to the 2017–18 fiscal year, inclusive, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance for special education local plan areas for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.13: (1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section. (2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to Section 42238.1, as that section read on January 1, 2013, or any successor section of law enacted by the Legislature that specifies the inflation factor contained in Section 42238.1, as that section read on January 1, 2013, for application to the 2014–15 fiscal year and each fiscal year thereafter. (3) Add the amounts computed in paragraphs (1) and (2). (g) For the 2018–19 fiscal year, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance for special education local plan areas for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.13: (1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section. (2) Subtract the amount computed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 56836.24 for the 2017–18 fiscal year from the amount computed in paragraph (1). (3) Multiply the amount computed in paragraph (2) by the inflation factor for the 2018–19 fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (4) Add the amounts computed in paragraphs (2) and (3). (h) Commencing with the 2019–20 fiscal year and continuing each fiscal year thereafter, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance for special education local plan areas for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.13: (1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section. (2) Multiply the amount computed in paragraph (1) by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (3) Add the amounts computed in paragraphs (1) and (2). (i) This section shall become inoperative on July 1, 2020. (Amended by Stats. 2020, Ch. 24, Sec. 73. (SB 98) Effective June 29, 2020. Inoperative July 1, 2020, by its own provisions.)
  94. 56836.12.

    ## 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. )

    Verify source ↗

    For the 2013–14 fiscal year, the Superintendent must compute equalization adjustments for special education local plan areas, with an exception for the Los Angeles County Juvenile Court and Community School/Division of Alternative Education 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.12. (a) For the 2013–14 fiscal year, the Superintendent shall compute an equalization adjustment for each special education local plan area, excluding the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, so that the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) of Section 56836.10 of a special education local plan area is not less than the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) of Section 56836.10 that does not fall below more than 10 percent of the total statewide units of average daily attendance for each special education local plan area. (b) The Superintendent shall compute an equalization adjustment for each special education local plan area’s special education funding rate per unit of average daily attendance, excluding the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, as follows: (1) Multiply the amount computed for each special education local plan area pursuant to subdivision (a) by the average daily attendance used to calculate the special education local plan area’s special education funding for the 2013–14 fiscal year. (2) Divide the amount appropriated for purposes of this section for the 2013–14 fiscal year by the statewide sum of the amount computed pursuant to paragraph (1). (3) Multiply the amount computed for the special education local plan area pursuant to subdivision (a) by the amount computed pursuant to paragraph (2). (c) For purposes of this section, the statewide 90th percentile special education funding rate determined pursuant to subdivision (a), and the fraction computed pursuant to paragraph (2) of subdivision (b) for the 2012–13 second principal apportionment, shall be final, and shall not be recalculated at subsequent apportionments. The fraction computed pursuant to paragraph (2) of subdivision (b) shall not exceed 1.00. (Added by renumbering Section 56836.145 by Stats. 2020, Ch. 24, Sec. 74. (SB 98) Effective June 29, 2020.)
  95. 56836.13.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. )

    Verify source ↗

    The Superintendent must calculate special education allocations using average daily attendance rules, including growth adjustments when attendance rises and funding reductions when it falls.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] ( Article 2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.13. (a) In order to mitigate the effects of any declining enrollment, commencing in the 1998–99 fiscal year, and each fiscal year thereafter, the Superintendent shall calculate allocations to special education local plan areas based on the average daily attendance reported for the special education local plan area for the fiscal year in which the computation is made or the prior fiscal year, whichever is greater. However, the prior fiscal year average daily attendance reported for the special education local plan area shall be adjusted for any loss or gain of average daily attendance reported for the special education local plan area due to a reorganization or transfer of territory in the special education local plan area. (b) For the 1998–99 fiscal year only, the prior year average daily attendance used in this section shall be the 1997–98 average daily attendance reported for the special education local plan area, excluding average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that section read on July 1, 1996. (c) If in the fiscal year for which the computation is made, the number of units of average daily attendance upon which allocations to the special education local plan area are based is greater than the number of units of average daily attendance upon which allocations to the special education local plan area were based in the prior fiscal year, the special education local plan area shall be allocated a growth adjustment equal to the product determined by multiplying the amounts determined under paragraphs (1) and (2). (1) The statewide target amount per unit of average daily attendance for special education local plan areas determined pursuant to Section 56836.11. (2) The difference between the number of units of average daily attendance upon which allocations to the special education local plan area are based for the fiscal year in which the computation is made and the number of units of average daily attendance upon which allocations to the special education local plan area were based for the prior fiscal year. (d) If in the fiscal year for which the computation is made, the number of units of average daily attendance upon which allocations to the special education local plan area are based is less than the number of units of average daily attendance upon which allocations to the special education local plan area were based in the prior fiscal year, the special education local plan area shall receive a funding reduction equal to the product determined by multiplying the amounts determined under paragraphs (1) and (2): (1) The amount of funding per unit of average daily attendance computed for the special education local plan area for the prior fiscal year. For the 2013–14 fiscal year only, the amount of funding per unit of average daily attendance computed for the special education local plan area for the 2013–14 fiscal year shall be used for this purpose. (2) The difference between the number of units of average daily attendance upon which allocations to the special education local plan area are based for the fiscal year in which the computation is made and the number of units of average daily attendance upon which allocations to the special education local plan area were based for the prior fiscal year. (e) If, in the fiscal year for which the computation is made, the number of units of average daily attendance upon which the allocations to the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area are based is greater than the number of units of average daily attendance upon which the allocations to that special education local plan area were based in the prior fiscal year, that special education local plan area shall be allocated a growth adjustment equal to the product determined by multiplying the amounts determined under paragraphs (1) and (2). (1) The amount of funding per unit of average daily attendance computed for the special education local plan area for the prior fiscal year pursuant to Section 56836.10 multiplied by one plus the inflation factor computed pursuant to Section 42238.1, as that section read on January 1, 2013, or any successor section of law enacted by the Legislature that specifies the inflation factor contained in Section 42238.1, as that section read on January 1, 2013. For the 2013–14 fiscal year only, the amount of funding per unit of average daily attendance computed for the special education local plan area for the 2013–14 fiscal year shall be used, and multiplied by one plus the inflation factor computed pursuant to Section 42238.1, as that section read on January 1, 2013, or any successor section of law enacted by the Legislature that specifies the inflation factor contained in Section 42238.1, as that section read on January 1, 2013, for application to the 2013–14 fiscal year and each fiscal year thereafter. (2) The difference between the number of units of average daily attendance upon which allocations to the special education local plan area are based for the fiscal year in which the computation is made and the number of units of average daily attendance upon which allocations to the special education local plan area were based for the prior fiscal year. (f) This section shall become inoperative on July 1, 2020. (Added by renumbering Section 56836.15 by Stats. 2020, Ch. 24, Sec. 75. (SB 98) Effective June 29, 2020. Inoperative July 1, 2020, by its own provisions.)
  96. 56836.14.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] ( Article 2.2 added by Stats. 2020, Ch. 24, Sec. 76. )

    Verify source ↗

    The Superintendent must calculate the special education funding formula every fiscal 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] ( Article 2.2 added by Stats. 2020, Ch. 24, Sec. 76. ) ## 56836.14. Commencing with the 2020–21 fiscal year and for each fiscal year thereafter, the Superintendent shall annually calculate the special education funding formula pursuant to this article. (Added by Stats. 2020, Ch. 24, Sec. 76. (SB 98) Effective June 29, 2020.)
  97. 56836.142.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] ( Article 2.2 added by Stats. 2020, Ch. 24, Sec. 76. )

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    This section defines terms used for special education funding calculations, including different measures of average daily attendance and the inflation factor.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] ( Article 2.2 added by Stats. 2020, Ch. 24, Sec. 76. ) ## 56836.142. (a) For purposes of this article, the following terms and phrases have the following meanings: (1) “Average daily attendance reported for a special education local plan area” means the total of the following: (A) The total number of units of average daily attendance reported for the second principal apportionment pursuant to Section 41601 for all pupils enrolled in the district or districts that are a part of the special education local plan area. (B) The total number of units of average daily attendance reported pursuant to subdivisions (a) and (b) of Section 41601 for all pupils enrolled in schools operated by the county office or offices that comprise the special education local plan area, or for those county offices that are a part of more than one special education local plan area, that portion of the average daily attendance of pupils enrolled in the schools operated by the county office that are under the jurisdiction of the special education local plan area. (2) For purposes of computing apportionments pursuant to this chapter for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the term “average daily attendance” means the total number of units of average daily attendance reported for the second principal apportionment pursuant to subdivisions (a) and (b) of Section 41601 for all pupils enrolled in districts within the County of Los Angeles and all schools operated by the Los Angeles County Office of Education and the districts within the County of Los Angeles. (3) “Special education local plan area” includes the school district or districts, county office or offices of education, and charter schools comprising the special education local plan area. (b) (1) For purposes of this article, the inflation factor shall be the percentage change in the annual average value of the Implicit Price Deflator for the State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance. (2) The inflation factor shall be determined pursuant to this subdivision unless otherwise specified in the annual Budget Act. (Amended by Stats. 2021, Ch. 124, Sec. 24. (AB 938) Effective January 1, 2022.)
  98. 56836.144.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] ( Article 2.2 added by Stats. 2020, Ch. 24, Sec. 76. )

    Verify source ↗

    The Superintendent must calculate certain special education funding allocations using average daily attendance figures, with different rules for 2020–21/2021–22 and for 2022–23 onward.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] ( Article 2.2 added by Stats. 2020, Ch. 24, Sec. 76. ) ## 56836.144. (a) For the 2020–21 and 2021–22 fiscal years, the Superintendent shall calculate allocations to special education local plan areas based on the average daily attendance reported for the special education local plan area for the fiscal year in which the computation is made, the most recent prior fiscal year, or the second most recent prior fiscal year, whichever is greatest. (b) Commencing with the 2022–23 fiscal year, the Superintendent shall calculate special education funding allocations based on the average daily attendance reported for each local educational agency and charter school that is a local educational agency for purposes of special education accountability pursuant to Section 47641 for the fiscal year in which the computation is made, the most recent prior fiscal year, or the second most recent prior fiscal year, whichever is greatest. (c) Commencing with the 2022–23 fiscal year, if a charter school becomes a local educational agency for purposes of special education accountability, the average daily attendance reported for the charter school in the year the computation is made, the most recent prior fiscal year, and the second most recent prior fiscal year shall be attributed to the charter school. (Amended by Stats. 2022, Ch. 52, Sec. 92. (AB 181) Effective June 30, 2022.)
  99. 56836.146.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] ( Article 2.2 added by Stats. 2020, Ch. 24, Sec. 76. )

    Verify source ↗

    The Superintendent must set special education funding per average daily attendance for each local plan area, using the higher of specified amounts or adjusted prior-year calculations for each fiscal 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] ( Article 2.2 added by Stats. 2020, Ch. 24, Sec. 76. ) ## 56836.146. (a) For the 2020–21 fiscal year, the Superintendent shall determine the amount of funding per unit of average daily attendance for each special education local plan area, which shall be the greater of the following: (1) Six hundred twenty-five dollars ($625) per unit of average daily attendance. (2) The amount of funding per unit of average daily attendance calculated in the 2019–20 fiscal year pursuant to Section 56836.08 for the special education local plan area. (b) For the 2021–22 fiscal year, the Superintendent shall determine the amount of funding per unit of average daily attendance for each special education local plan area, which shall be the greater of the following: (1) Seven hundred fifteen dollars ($715) per unit of average daily attendance. (2) The amount of funding per unit of average daily attendance calculated in the 2020–21 fiscal year pursuant to paragraph (2) of subdivision (a), adjusted by the inflation factor described in Section 56836.142, and shall also include the inflation factor of 2.31 percent instead of zero as described in Section 56836.142 for the 2020–21 fiscal year. (c) For the 2022–23 fiscal year, the Superintendent shall determine the amount of funding per unit of average daily attendance for each special education local plan area, which shall be the greater of the following: (1) Eight hundred twenty dollars ($820) per unit of average daily attendance. (2) The amount of funding per unit of average daily attendance calculated in the 2021–22 fiscal year pursuant to paragraph (2) of subdivision (b). (d) Commencing with the 2023–24 fiscal year and for each fiscal year thereafter, the Superintendent shall determine the amount of funding per unit of average daily attendance for each special education local plan area, which shall be the greater of the following: (1) For the 2023–24 fiscal year, the amount of funding per unit of average daily attendance calculated for the 2022–23 fiscal year pursuant to paragraph (1) of subdivision (c), adjusted by the inflation factor described in Section 56836.142. For each fiscal year thereafter, the amount of funding per unit of average daily attendance calculated for the prior fiscal year pursuant to this paragraph, adjusted each year by the inflation factor described in Section 56836.142. (2) The amount of funding per unit of average daily attendance calculated for the prior fiscal year pursuant to paragraph (2) of subdivision (c). (e) For purposes of calculating the amount of funding per unit of average daily attendance for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the Superintendent shall make the following computations: (1) For the 2020–21 fiscal year, increase the amount of funding per unit of average daily attendance computed for that special education local plan area for the 2019–20 fiscal year pursuant to Section 56836.10 by 13 percent and then multiply by the inflation factor described in Section 56836.142 for the 2020–21 fiscal year. (2) For the 2021–22 fiscal year, increase the amount of funding per unit of average daily attendance computed for that special education local plan area for the 2020–21 fiscal year by 10 percent, and then adjust that amount by the inflation factor described in Section 56836.142 for the 2021–22 fiscal year, and shall also include the inflation factor of 2.31 percent instead of zero as described in Section 56836.142 for the 2020–21 fiscal year. (3) For the 2022–23 fiscal year, increase the amount of funding per unit of average daily attendance computed for that special education local plan area for the 2021–22 fiscal year by 14 percent. (4) For the 2023–24 fiscal year and for each fiscal year thereafter, the amount of funding per unit of average daily attendance computed for that special education local plan area for the prior fiscal year shall be adjusted by the inflation factor described in Section 56836.142 for the current fiscal year. (Amended by Stats. 2022, Ch. 571, Sec. 40. (AB 185) Effective September 27, 2022.)
  100. 56836.148.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] ( Article 2.2 added by Stats. 2020, Ch. 24, Sec. 76. )

    Verify source ↗

    The Superintendent must calculate base grant funding for special education local plan areas using specified formulas, and local plan areas must report funding amounts and meet a minimum allocation rule.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] ( Article 2.2 added by Stats. 2020, Ch. 24, Sec. 76. ) ## 56836.148. (a) For the 2020–21 fiscal year, the Superintendent shall determine the base grant funding for each special education local plan area by multiplying the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (a) of Section 56836.146 by the funded average daily attendance computed in subdivision (a) Section 56836.144 for the corresponding special education local plan area. (b) For the 2021–22 fiscal year, the Superintendent shall determine the base grant funding for each special education local plan area by multiplying the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (b) of Section 56836.146 by the funded average daily attendance computed in subdivision (a) of Section 56836.144 for the corresponding special education local plan area. (c) For the 2022–23 fiscal year, the Superintendent shall determine the base grant funding for each special education local plan area by adding the products of the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (c) of Section 56836.146 multiplied by the funded average daily attendance for each member local educational agency and charter school that is a local educational agency for purposes of special education computed in subdivision (b) of Section 56836.144. (d) Commencing with the 2023–24 fiscal year and for each fiscal year thereafter, the Superintendent shall determine the base grant funding for each special education local plan area by adding the products of the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (d) of Section 56836.146 multiplied by the funded average daily attendance for each member local educational agency and charter school that is a local educational agency for purposes of special education computed in subdivision (b) of Section 56836.144. (e) For purposes of calculating the base funding for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the Superintendent shall make the following computations: (1) For the 2020–21 fiscal year, multiply the amount of funding per unit of average daily attendance computed in paragraph (1) of subdivision (e) of Section 56836.146 by the funded average daily attendance computed in subdivision (a) of Section 56836.144. (2) For the 2021–22 fiscal year, multiply the amount of funding per unit of average daily attendance computed in paragraph (2) of subdivision (e) of Section 56836.146 by the funded average daily attendance computed in subdivision (a) of Section 56836.144. (3) For the 2022–23 fiscal year, multiply the amount of funding per unit of average daily attendance computed in paragraph (3) of subdivision (e) of Section 56836.146 by the funded average daily attendance computed in subdivision (b) of Section 56836.144. (4) Commencing with the 2023–24 fiscal year and for each fiscal year thereafter, multiple the amount of funding per unit of average daily attendance computed in paragraph (4) of subdivision (e) of Section 56836.146 by the funded average daily attendance computed in subdivision (b) of Section 56836.144. (f) Commencing with the 2022–23 fiscal year and for each fiscal year thereafter, the Superintendent shall make publicly available the amount of special education funding each local educational agency generates for their special education local plan area pursuant to subdivisions (c) and (d). (g) Commencing with the 2022–23 fiscal year and for each fiscal year thereafter, each special education local plan area shall report to their member local educational agencies no later than 30 days after receiving their apportionment the amount of funding each local educational agency generates pursuant to subdivisions (c) and (d). (h) For the 2023–24 fiscal year, each special education local plan area shall, at a minimum, allocate special education funding to all of its member local educational agencies equal to the total sum of base grant funding, calculated pursuant to this section, allocated to all of its member local educational agencies in the 2022–23 fiscal year multiplied by the sum of one plus the inflation factor, as defined in paragraph (1) of subdivision (b) of Section 56836.142 for the 2023–24 fiscal year, and then multiplied by the sum of one plus the percent change in funded average daily attendance of its member local educational agencies from the 2022–23 fiscal year to the 2023–24 fiscal year pursuant to Section 56836.144. (i) Nothing in this section shall prohibit a member local educational agency from allocating funds back to their special education local plan area for purposes of providing regionalized or other programmatic services. (Amended by Stats. 2023, Ch. 48, Sec. 85. (SB 114) Effective July 10, 2023.)
  101. 56836.15.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] ( Article 2.2 added by Stats. 2020, Ch. 24, Sec. 76. )

    Verify source ↗

    The Superintendent must compute the amount of General Fund money that a special education local plan area may claim, using the listed steps.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] ( Article 2.2 added by Stats. 2020, Ch. 24, Sec. 76. ) ## 56836.15. Notwithstanding any other law, for the 2020–21 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the amount of General Fund moneys that the special education local plan area may claim: (a) Determine the total amount of property taxes for the special education local plan area pursuant to Section 2572 for the fiscal year in which the computation is made. (b) Calculate the amount of funding computed for the special education local plan area pursuant to Section 56836.148 for the fiscal year in which the computation is made. (c) Subtract the amount computed in subdivision (a) from the amount computed in subdivision (b). (Added by Stats. 2020, Ch. 24, Sec. 76. (SB 98) Effective June 29, 2020.)
  102. 56836.156.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.5. Computation of Adjustment [56836.156 - 56836.159] ( Article 2.5 added by Stats. 1997, Ch. 854, Sec. 65. )

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    The Superintendent of Public Instruction must calculate a statewide attendance figure, use it to compute an allocation amount from $100 million, and then increase certain special education funding amounts for 2001–02.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.5. Computation of Adjustment [56836.156 - 56836.159] ( Article 2.5 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.156. (a) The Superintendent of Public Instruction shall determine the statewide total average daily attendance used for the purposes of Section 56836.08 for the 2001–02 fiscal year. For the purposes of this calculation, the 2000–01 second principal average daily attendance for the court, community school, and special education programs served by the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area shall be used in lieu of the average daily attendance used for that agency for the purposes of Section 56836.08. (b) The superintendent shall divide one hundred million dollars ($100,000,000) by the amount determined pursuant to subdivision (a). (c) For each special education local plan area, the superintendent shall permanently increase the amount per unit of average daily attendance determined pursuant to subdivision (b) of Section 56836.08 for the 2001–02 fiscal year by the quotient determined pursuant to subdivision (b). This increase shall be effective beginning in the 2001–02 fiscal year. (d) Notwithstanding subdivision (c), for the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the superintendent shall permanently increase the amount per unit of average daily attendance determined pursuant to subdivision (b) of Section 56836.08 by the ratio of the amount determined pursuant to subdivision (b) to the statewide target per unit of average daily attendance determined pursuant to Section 56836.11 for the 2000–01 fiscal year. This increase shall be effective beginning in the 2001–02 fiscal year. (e) The superintendent shall increase the statewide target per unit of average daily attendance determined pursuant to Section 56836.11 for the 2001–02 fiscal year by the amount determined pursuant to subdivision (b). (f) The funds provided in subdivisions (a) to (e), inclusive, shall be used for the costs of any state-mandated special education programs and services established pursuant to Sections 56000 to 56885, inclusive, and Sections 3000 to 4671, inclusive, of Title 5 of the California Code of Regulations, as those sections read on or before July 1, 2000. These funds shall be considered in full satisfaction of, and are in lieu of, any reimbursable mandate claims relating to special education programs and services, with the exception of the programs and services delineated in subdivision (g). By providing this funding, the state in no way concedes the existence of any unfunded special education reimbursable mandate. These funds shall be used exclusively for programs operated under this part and, as a first priority, for the following programs, which shall be deemed to be fully funded within the meaning of subdivision (e) of Section 17556 of the Government Code: (1) Community advisory committees established pursuant to Sections 56190 to 56192, inclusive, and Section 56194, as these sections read on July 1, 2000. (2) Governance structure established pursuant to subdivision (a) of Section 56195.3, as this section read on July 1, 2000. (3) Enrollment caseloads established pursuant to subdivision (c) of Section 56362, and Section 56363.3, as these sections read on July 1, 2000. (4) Extended school year established pursuant to subdivision (d) of Section 3043 of Title 5 of the California Code of Regulations, as this section read on July 1, 2000. (5) Resource specialist program established pursuant to subdivisions (d), (e), and (f) of Section 56362, as this section read on July 1, 2000. (6) Maximum age limit established pursuant to paragraph (4) of subdivision (c) of Section 56026, as this section read on July 1, 2000. (7) Interim placements established pursuant to subdivision (b) of Section 56325, as this section read on July 1, 2000, and Section 3067 of Title 5 of the California Code of Regulations, as this section read on December 31, 1994. (8) Written consent established pursuant to Sections 56321 and 56346, as these sections read on July 1, 2000. (9) Preschool transportation programs for ages 3 to 5, inclusive, not requiring intensive services (Not-RIS) established pursuant to Section 56441.14, as this section read on July 1, 2000. (10) Special education for pupils ages 3 to 5, inclusive, and 18 to 21, inclusive, established pursuant to Section 56026, as this section read on July 1, 2000. (11) With the exception of the programs delineated in subdivision (g), any other state-mandated special education programs and services established by Sections 56000 to 56885, inclusive, and Sections 3000 to 4671, inclusive, of Title 5 of the California Code of Regulations, as those sections read on or before July 1, 2000, whether or not such a mandate has been found by the Commission on State Mandates. Pursuant to subdivision (e) of Section 17556 of the Government Code, these funds shall be deemed to be additional revenue specifically intended to fund the costs of any such state-mandated special education programs and services. (g) Notwithstanding subdivision (f), the following existing mandate test claim remains subject to the normal mandate procedure, including judicial review, if any: behavioral interventions established pursuant to Section 56523 and Sections 3001 and 3052 of Title 5 of the California Code of Regulations, as those sections read on July 1, 2000 (CSM-4464 filed by the San Diego Unified School District, the San Joaquin County Office of Education, and the Butte County Office of Education). The exclusion of this claim from subdivision (f) in no way constitutes a concession by the state that any unfunded special education mandate exists. (h) Within the meaning of subdivision (e) of Section 17556 of the Government Code, the funds appropriated for purposes of this section are not specifically intended to fund any state-mandated special education programs and services resulting from amendments enacted after July 1, 2000, to any of the following statutes and regulations: (1) The Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), if the amendments result in circumstances where state law exceeds federal law. (2) Federal regulations implementing the Individuals with Disabilities Education Act (34 C.F.R. 300 and 303), if the amendments result in circumstances where state law exceeds federal law. (3) Part 30 (commencing with Section 56000). (4) Sections 3000 to 4671, inclusive, of Title 5 of the California Code of Regulations. (i) State funds otherwise allocated to each special education local plan area pursuant to Chapter 7.2 (commencing with Section 56836) of Part 30 and appropriated through the annual Budget Act shall supplement and not supplant these funds. (Added by Stats. 2001, Ch. 203, Sec. 2. Effective August 13, 2001.)
  103. 56836.157.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.5. Computation of Adjustment [56836.156 - 56836.159] ( Article 2.5 added by Stats. 1997, Ch. 854, Sec. 65. )

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    This section requires specific education funding to be appropriated and allocated, and directs the Superintendent of Public Instruction to calculate and distribute the amounts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.5. Computation of Adjustment [56836.156 - 56836.159] ( Article 2.5 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.157. (a) Commencing with the 2001–02 fiscal year to the 2010–11 fiscal year, inclusive, the amount of twenty-five million dollars ($25,000,000) shall be appropriated, on a one-time basis each fiscal year, from the General Fund for allocation to school districts on a per pupil basis. The Superintendent of Public Instruction shall compute the amount per pupil by dividing twenty-five million dollars ($25,000,000) by the total average daily attendance, excluding attendance for regional occupational centers and programs, adult education, and programs operated by the county superintendents of schools, for all pupils in kindergarten through grade 12 in all school districts as used by the Superintendent of Public Instruction for the second principal apportionment for the 1999–2000 fiscal year. Each school district’s allocation shall equal the per pupil amount times the district’s average daily attendance as reported to the Superintendent of Public Instruction for the second principal apportionment for the 1999–2000 fiscal year. The amount allocated to each school district shall be the same in all subsequent fiscal years as it is in the first fiscal year. (1) In any fiscal year in which the provisions of paragraph (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution are operative, the annual appropriation shall not be required to be made. (2) The Director of Finance shall notify, in writing, the fiscal committees of both houses of the Legislature, the Controller, and the Superintendent of Public Instruction no later than May 14 that the appropriation for the following fiscal year is not required, pursuant to paragraph (1). If an appropriation is not made for a specific fiscal year, or years, it shall instead be made in the fiscal year, or years, immediately succeeding the final payment pursuant to subdivision (a). (b) (1) From the funds appropriated for purposes of this section in subdivision (b) of Section 4 of the act adding this section, the Superintendent of Public Instruction shall allocate the following: (A) From the appropriation provided by subdivision (b) of Section 4 of the act adding this section, the amount of ten million eight hundred thousand dollars ($10,800,000) shall be allocated by the superintendent to county offices of education on an equal per pupil amount. The superintendent shall determine the per pupil amount by dividing ten million eight hundred thousand dollars ($10,800,000) by the total statewide county special education pupil count only, reported by county offices of education as of December 1999. The allotment for each county office of education shall be the per pupil amount times the county’s special education pupil count reported as of December 1999. (B) From the appropriation provided by subdivision (b) of Section 4 of the act adding this section, the amount of two million seven hundred thousand dollars ($2,700,000) shall be allocated by the superintendent to SELPAs that existed for the 1999–2000 fiscal year. The superintendent shall determine the amount of each agency’s allotment by dividing the two million seven hundred thousand dollars ($2,700,000) by the total statewide special education pupil count as of December 1999. The allotment for each agency shall be the statewide per pupil amount times the SELPA’s special education pupil count reported as of December 1999. The superintendent shall adjust the computations in such a manner as to ensure that the minimum allotment to each SELPA is at least ten thousand dollars ($10,000). (C) From the appropriation provided by subdivision (b) of Section 4 of the act adding this section, the amount of six million dollars ($6,000,000) shall be allocated by the superintendent to the Riverside County Office of Education. (2) The superintendent shall compute a per pupil amount from the balance of the appropriation provided by subdivision (b) of Section 4 of the act adding this section, after the appropriation has been reduced by the amounts in paragraph (1), by dividing the remaining portion of the appropriation by the total average daily attendance, excluding attendance for regional occupational centers and programs, adult education, and programs operated by the county superintendents of schools, for all pupils in kindergarten through grade 12 in all school districts as used by the Superintendent of Public Instruction for the second principal apportionment for the 1999–2000 fiscal year. The superintendent shall apportion to each school district an amount equal to the per pupil amount times the district’s reported average daily attendance for the second principal apportionment for the 1999–2000 fiscal year, excluding attendance for regional occupational centers and programs, adult education, and programs operated by the county superintendent of schools. (c) The amounts appropriated by subdivisions (a) and (b) of Section 4 of the act adding this section are in full satisfaction and in lieu of mandate claims resulting from the Commission on State Mandates cases identified as (1) Riverside County Superintendent of Schools, et al., CSM-3986 on remand from the Superior Court of Sacramento County, No. 352795, and (2) Long Beach Unified School District, CSM-3986A (consolidated with the Santa Barbara County Superintendent of Schools, SB 90-3453). (Added by Stats. 2001, Ch. 203, Sec. 3. Effective August 13, 2001.)
  104. 56836.158.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.5. Computation of Adjustment [56836.156 - 56836.159] ( Article 2.5 added by Stats. 1997, Ch. 854, Sec. 65. )

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    The superintendent must calculate statewide attendance figures, distribute appropriated funding, and make specified permanent funding increases for special education 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.5. Computation of Adjustment [56836.156 - 56836.159] ( Article 2.5 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.158. (a) (1) The superintendent shall determine the statewide total average daily attendance used for the purposes of Section 56836.08 for the 2000–01 fiscal year. For the purposes of this calculation, the 2000–01 second principal average daily attendance for the court, community school, and special education programs served by the Los Angeles County Juvenile Court and Community School/Division of Alternative Education special education local plan area shall be used in lieu of the average daily attendance used for that agency for the purposes of Section 56836.08. (2) The superintendent shall distribute the amount appropriated for purposes of this section from the Budget Act of 2001. The superintendent shall divide that amount of funding by the amount calculated in paragraph (1). (3) For each special education local plan area, the superintendent shall permanently increase the amount per unit of average daily attendance determined pursuant to paragraph (2) of Section 56836.10 for the 2001–02 fiscal year by the quotient determined pursuant to paragraph (2) of this section. This increase shall be effective beginning in the 2001–02 fiscal year. (4) Notwithstanding paragraph (3), for the Los Angeles County Juvenile Court and Community School/Division of Alternative Education special education local plan area, the superintendent shall permanently increase the amount per unit of average daily attendance determined pursuant to paragraph (2) of Section 56836.10 by the ratio of the amount determined pursuant to paragraph (2) to the statewide target per unit of average daily attendance determined pursuant to Section 56836.11 for the 2000–01 fiscal year. This increase shall be effective beginning in the 2001–02 fiscal year. (5) The superintendent shall increase the statewide target per unit of average daily attendance determined pursuant to Section 56836.11 for the 2001–02 fiscal year by the amount determined pursuant to paragraph (2). (b) (1) The superintendent shall determine the statewide total average daily attendance used for the purposes of Section 56836.08 for the 2001–02 fiscal year. For the purposes of this calculation, the 2001–02 second principal average daily attendance for the court, community school, and special education programs served by the Los Angeles County Juvenile Court and Community School/Division of Alternative Education special education local plan area shall be used in lieu of the average daily attendance used for that agency for the purposes of Section 56836.08. (2) The superintendent shall distribute the amount appropriated for purposes of this section from the Budget Act of 2002. The superintendent shall divide that amount of funding by the amount calculated in paragraph (1). (3) For each special education local plan area, the superintendent shall permanently increase the amount per unit of average daily attendance determined pursuant to paragraph (2) of Section 56836.10 for the 2002–03 fiscal year by the quotient determined pursuant to paragraph (2). This increase shall be effective commencing in the 2002–03 fiscal year. (4) Notwithstanding paragraph (3), for the Los Angeles County Juvenile Court and Community School/Division of Alternative Education special education local plan area, the superintendent shall permanently increase the amount per unit of average daily attendance determined pursuant to paragraph (2) of Section 56836.10 by the ratio of the amount determined pursuant to paragraph (2) to the statewide target per unit of average daily attendance determined pursuant to Section 56836.11 for the 2001–02 fiscal year. This increase shall be effective commencing in the 2002–03 fiscal year. (5) The superintendent shall increase the statewide target per unit of average daily attendance determined pursuant to Section 56836.11 for the 2002–03 fiscal year by the amount determined pursuant to paragraph (2). (Amended by Stats. 2002, Ch. 1167, Sec. 23. Effective September 30, 2002.)
  105. 56836.159.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.5. Computation of Adjustment [56836.156 - 56836.159] ( Article 2.5 added by Stats. 1997, Ch. 854, Sec. 65. )

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    The Superintendent must calculate and apply special education funding adjustments for the 2001–02 fiscal year, rank local plan areas by funding level, and use available Budget Act funds to raise the lowest-funded 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 2.5. Computation of Adjustment [56836.156 - 56836.159] ( Article 2.5 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.159. (a) For the 2001–02 fiscal year, the Superintendent shall compute a permanent adjustment for each special education local plan area as determined by this section. (b) The Superintendent shall rank each special education local plan area by its funding level per unit of average daily attendance as determined by dividing the amount calculated for each special education local plan area for the 2001–02 fiscal year pursuant to Section 56836.08 plus the amount provided to each special education local plan area pursuant to subdivision (c) of Section 56836.158 by each special education local plan area’s average daily attendance upon which funding is based for the 2001–02 fiscal year pursuant to Section 56836.13. (c) The Superintendent shall increase the special education local plan areas with the lowest level of funding per unit of average daily attendance as determined in subdivision (b) to that of the special education local plan area with the next highest level of funding per unit of average daily attendance by allocating an amount from that available for this purpose from the Budget Act to the lowest level special education local plan areas. The amount to be allocated shall equal the difference between the funding level per unit of average daily attendance of the lowest level special education local plan areas and the next highest level special education local plan area multiplied by the average daily attendance upon which funding is based for the 2001–02 fiscal year pursuant to Section 56836.13 of the lowest level special education local plan areas. (d) If there is additional funding available after the allocation pursuant to subdivision (c), the allocation pursuant to subdivision (c) shall be repeated until all the funds appropriated for this purpose in the Budget Act have been used. If the amount appropriated for the purposes of this section from the 2001–02 Budget Act is not sufficient to fully fund the allocation pursuant to subdivision (c), the funding provided to each special education local plan area in the last iteration pursuant to subdivision (c) shall be prorated. (e) The amount, if any, computed pursuant to subdivision (c) and subdivision (d) for each special education local plan area shall be a permanent increase and shall, commencing in the 2002–03 fiscal year, be included in the prior year amount determined pursuant to paragraph (2) of subdivision (b) of Section 56836.10. (Amended by Stats. 2020, Ch. 24, Sec. 77. (SB 98) Effective June 29, 2020.)
  106. 56836.165.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 3. Licensed Children’s Institutions [56836.165 - 56836.18] ( Article 3 added by Stats. 1997, Ch. 854, Sec. 65. )

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    This section requires the Superintendent and department to calculate special education funding amounts, assign severity ratings, and set bed allowances for certain licensed 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 3. Licensed Children’s Institutions [56836.165 - 56836.18] ( Article 3 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.165. (a) For the 2004–05 to 2020–21 fiscal years, inclusive, the Superintendent shall calculate for each special education local plan area an amount based on (1) the number of children and youth residing in foster family homes, small family homes, and foster family agencies, (2) the licensed capacity of group homes licensed by the State Department of Social Services, and (3) the number of children and youth 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in skilled nursing facilities or intermediate care facilities licensed by the State Department of Health Care Services and the number of children and youth 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in community care facilities licensed by the State Department of Social Services. (b) The department shall assign each facility described in paragraphs (1), (2), and (3) of subdivision (a) a severity rating. The severity ratings shall be on a scale from 1 to 14, inclusive. Foster family homes and small family homes shall be assigned a severity rating of 1. Foster family agencies shall be assigned a severity rating of 2. Facilities described in paragraph (2) of subdivision (a) shall be assigned the same severity rating as its State Department of Social Services rate classification level. For facilities described in paragraph (3) of subdivision (a), skilled nursing facilities shall be assigned a severity rating of 14, intermediate care facilities shall be assigned a severity rating of 11, and community care facilities shall be assigned a severity rating of 8. (c) (1) The department shall establish a “bed allowance” for each severity level. For the 2004–05 fiscal year, the bed allowance shall be calculated as described in paragraph (2). For the 2005–06 fiscal year and each fiscal year thereafter, the department shall increase the bed allowance by the inflation adjustment computed pursuant to Section 42238.1. The department shall not establish a bed allowance for any facility described in paragraphs (2) and (3) of subdivision (a) if it is not licensed by the State Department of Social Services or the State Department of Health Care Services. (2) (A) The bed allowance for severity level 1 shall be five hundred two dollars ($502). (B) The bed allowance for severity level 2 shall be six hundred ten dollars ($610). (C) The bed allowance for severity level 3 shall be one thousand four hundred thirty-four dollars ($1,434). (D) The bed allowance for severity level 4 shall be one thousand six hundred forty-nine dollars ($1,649). (E) The bed allowance for severity level 5 shall be one thousand eight hundred sixty-five dollars ($1,865). (F) The bed allowance for severity level 6 shall be two thousand eighty dollars ($2,080). (G) The bed allowance for severity level 7 shall be two thousand two hundred ninety-five dollars ($2,295). (H) The bed allowance for severity level 8 shall be two thousand five hundred ten dollars ($2,510). (I) The bed allowance for severity level 9 shall be five thousand four hundred fifty-one dollars ($5,451). (J) The bed allowance for severity level 10 shall be five thousand eight hundred eighty-one dollars ($5,881). (K) The bed allowance for severity level 11 shall be nine thousand four hundred sixty-seven dollars ($9,467). (L) The bed allowance for severity level 12 shall be thirteen thousand four hundred eighty-three dollars ($13,483). (M) The bed allowance for severity level 13 shall be fourteen thousand three hundred forty-three dollars ($14,343). (N) The bed allowance for severity level 14 shall be twenty thousand eighty-one dollars ($20,081). (d) (1) For each fiscal year, the department shall calculate an out-of-home care funding amount for each special education local plan area as the sum of the amounts computed pursuant to paragraphs (2), (3), and (4). The State Department of Social Services and the State Department of Developmental Services shall provide the State Department of Education with the residential counts identified in paragraphs (2), (3), and (4). (2) The number of children and youth residing on April 1 in foster family homes, small family homes, and foster family agencies located in each special education local plan area multiplied by the appropriate bed allowance. (3) The capacity on April 1 of each group home licensed by the State Department of Social Services located in each special education local plan area multiplied by the appropriate bed allowance. (4) The number on April 1 of children and youth (A) 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in skilled nursing facilities and intermediate care facilities licensed by the State Department of Health Care Services located in each special education local plan area multiplied by the appropriate bed allowance, and (B) 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in community care facilities licensed by the State Department of Social Services located in each special education local plan area multiplied by the appropriate bed allowance. (5) Notwithstanding subdivision (b) and paragraphs (2) and (3), for purposes of the out-of-home care funding amount for group homes, foster family homes, small family homes, and foster family agencies for the 2017–18 to 2020–21 fiscal years, inclusive, the Superintendent shall use the data received from the State Department of Social Services that was used for the funding for the 2016–17 fiscal year. (e) In determining the amount of the first principal apportionment for a fiscal year pursuant to Section 41332, the Superintendent shall continue to apportion funds from Section A of the State School Fund to each special education local plan area equal to the amount apportioned at the advance apportionment pursuant to Section 41330 for that fiscal year. (f) Notwithstanding subdivision (b) and paragraph (3) of subdivision (d), for purposes of the 2016–17 fiscal year funding for group homes, the Superintendent shall use the rate classification levels as they existed on December 31, 2016, and the capacity of each group home licensed by the State Department of Social Services located in each special education local plan area on December 31, 2016. (Amended by Stats. 2021, Ch. 44, Sec. 99. (AB 130) Effective July 9, 2021.)
  107. 56836.168.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 3. Licensed Children’s Institutions [56836.165 - 56836.18] ( Article 3 added by Stats. 1997, Ch. 854, Sec. 65. )

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    The Superintendent must calculate special education funding amounts for each local plan area, and certain state departments must provide data used in the calculation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 3. Licensed Children’s Institutions [56836.165 - 56836.18] ( Article 3 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.168. (a) For the 2021–22 fiscal year and each fiscal year thereafter, the Superintendent shall calculate for each special education local plan area an amount based on the sum of all of the following amounts: (1) (A) The amount of funding generated by all foster youth. This amount shall be calculated as the sum of cumulative enrollment for foster youth 3 to 21 years of age, inclusive, as defined in subdivision (b) of Section 42238.01, multiplied by the rate described in subparagraph (B). Cumulative enrollment shall be calculated at the local educational agency reporting level and use data produced by the California Longitudinal Pupil Achievement Data System pursuant to Section 60900. For purposes of this subparagraph, “local educational agency” means a school district, county office of education, or charter school. (B) For the 2021–22 fiscal year, the rate shall be one thousand five hundred nine dollars ($1,509). For each fiscal year thereafter, the rate shall be the amount calculated for the prior fiscal year pursuant to this paragraph, adjusted each year by the inflation factor described in Section 56836.142. (2) (A) (i) For the 2021–22 to 2023–24 fiscal years, inclusive, the amount of funding generated by short-term residential therapeutic program placements. This amount shall be calculated as the average daily population at short-term residential therapeutic programs located within the boundaries of the special education local plan area, which shall include the average daily population at short-term residential therapeutic programs that open or close in the middle of a fiscal year, multiplied by the rate described in subparagraph (B). (ii) For the 2024–25 fiscal year, and each fiscal year thereafter, the amount of funding generated by short-term residential therapeutic program placements and community treatment facility placements. This amount shall be calculated as the average daily population at short-term residential therapeutic programs and community treatment facilities located within the boundaries of the special education local plan area, which shall include the average daily population at short-term residential therapeutic programs and community treatment facilities that open or close in the middle of a fiscal year, multiplied by the rate described in subparagraph (B). (B) For the 2021–22 fiscal year, the rate shall be fourteen thousand six hundred three dollars ($14,603). For each fiscal year thereafter, the rate shall be the amount calculated for the prior fiscal year pursuant to this paragraph, adjusted each year by the inflation factor described in Section 56836.142. (3) The amount of funding generated by children and youth placed by the State Department of Developmental Services, calculated as follows: (A) For the 2021–22 fiscal year, the sum of all of the following amounts: (i) The number of children and youth 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in community care facilities licensed by the State Department of Social Services multiplied by a rate of three thousand three hundred fifty-eight dollars ($3,358). (ii) The number of children and youth 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in intermediate care facilities licensed by the State Department of Health Care Services multiplied by a rate of twelve thousand six hundred sixty-eight dollars ($12,668). (iii) The number of children and youth 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in skilled nursing facilities licensed by the State Department of Health Care Services multiplied by a rate of twenty-six thousand eight hundred seventy-four dollars ($26,874). (B) For each fiscal year following the 2021–22 fiscal year, the sum of the amounts described in clauses (i) to (iii), inclusive, of subparagraph (A), except that the rates used to calculate those amounts shall be the rates calculated for the prior fiscal year, adjusted each year by the inflation factor described in Section 56836.142. (b) For each charter school deemed a local educational agency for purposes of special education, only an amount equal to the amount computed pursuant to paragraph (1) of subdivision (a) shall be apportioned by the Superintendent. (c) For each fiscal year, the State Department of Social Services and the State Department of Developmental Services shall provide the department with the appropriate data identified in subdivision (a), as follows: (1) The average daily population for foster youth 3 to 21 years of age, inclusive, at short-term residential therapeutic programs and community treatment facilities. (2) The number on April 1 of children and youth (A) 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in skilled nursing facilities and intermediate care facilities licensed by the State Department of Health Care Services, and (B) 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in community care facilities licensed by the State Department of Social Services. (d) In determining the amount of the first and second principal apportionment for a fiscal year pursuant to Section 41332, the Superintendent shall continue to apportion funds from Section A of the State School Fund to each special education local plan area based on the amount apportioned in the prior fiscal year. (e) For purposes of this section, the following definitions apply: (1) “Community treatment facility” has the same meaning as defined in Section 1502 of the Health and Safety Code. (2) “Foster youth” has the same meaning as defined in Section 42238.01. (3) “Short-term residential therapeutic program” has the same meaning as defined in Section 11400 of the Welfare and Institutions Code or Section 1502 of the Health and Safety Code. (Amended by Stats. 2025, Ch. 8, Sec. 52. (AB 121) Effective June 27, 2025.)
  108. 56836.173.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 3. Licensed Children’s Institutions [56836.165 - 56836.18] ( Article 3 added by Stats. 1997, Ch. 854, Sec. 65. )

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    This section sets how the department and county auditor must apportion special education funding to special education local plan areas for specified fiscal years.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 3. Licensed Children’s Institutions [56836.165 - 56836.18] ( Article 3 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.173. (a) For the fiscal years 2004–05 to 2006–07, inclusive, the department shall apportion to each special education local plan area the amount determined as follows: (1) For the 2004–05 and 2005–06 fiscal years, the amount apportioned shall be as follows: (A) If the out-of-home care funding amount calculated for a special education local plan area is less than or equal to the amount a special education local plan area received pursuant to former Sections 56836.16 and 56836.17 for the 2002–03 fiscal year, the special education local plan area shall receive the same amount it received for the 2002–03 fiscal year. For purposes of this section, the amount of funding received by a special education local plan area for the 2002–03 fiscal year shall be based on the annual recertification of the 2002–03 fiscal year, as certified by the department in July of 2004. (B) For special education local plan areas other than those funded through subparagraph (A), special education local plan areas shall receive the amount received for the 2002–03 fiscal year plus the amount calculated in subparagraph (C). (C) For special education local plan areas other than those funded through subparagraph (A), each special education local plan area shall also receive the difference between the out-of-home care funding amount for the special education local plan area and the amount received for the 2002–03 fiscal year for that special education local plan area divided by the sum of the difference between the out-of-home care funding amount and the amount received in the 2002–03 fiscal year for all special education local plan areas multiplied by the amount of funds provided for Section 56836.165 in the annual Budget Act that has not been allocated in subparagraph (A) or (B). (2) For the 2006–07 fiscal year, the amount apportioned shall be as follows: (A) If the out-of-home care funding amount calculated for a special education local plan area for the 2006–07 fiscal year is less than or equal to the amount a special education local plan area received for the 2005–06 fiscal year, the special education local plan area shall receive the same amount it received for the 2005–06 fiscal year less 20 percent of the difference between the amount received for the 2005–06 fiscal year and the out-of-home care funding amount computed for the 2006–07 fiscal year. (B) For special education local plan areas other than those funded through subparagraph (A), special education local plan areas shall receive the amount received for the 2005–06 fiscal year. (C) For special education local plan areas other than those funded through subparagraph (A), each special education local plan area shall also receive the difference between the out-of-home care funding amount for that special education local plan area and the amount received for the 2005–06 fiscal year for that special education local plan area divided by the sum of the difference between the out-of-home care funding amount and the amount received in the 2005–06 fiscal year for all special education local plan areas multiplied by the amount of funds provided for Section 56836.165 in the annual Budget Act that has not been allocated in subparagraph (A) or (B). (b) (1) Commencing with the 2007–08 fiscal year, both of the following shall apply: (A) To the extent that funds are available pursuant to subclause (II) of clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.2 of the Revenue and Taxation Code or subclause (II) of clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3 of the Revenue and Taxation Code, or both, not more than 50 percent of the amount determined in this subdivision for the applicable fiscal year shall be apportioned by the auditor of the county containing the applicable county Educational Revenue Augmentation Fund to the special education local plan area. (B) The remaining 50 percent of the amount determined in this subdivision for the applicable fiscal year, or more if the applicable county Educational Revenue Augmentation Fund does not have sufficient funds to cover the entire percentage pursuant to subparagraph (A), shall be apportioned by the department to the special education local plan area. (2) For the 2007–08 fiscal year, the total amount apportioned to a special education local plan area pursuant to the formula established in paragraph (1) shall be as follows: (A) If the out-of-home care funding amount calculated for a special education local plan area for the 2007–08 fiscal year is less than or equal to the amount a special education local plan area received for the 2006–07 fiscal year, the special education local plan area shall receive the same amount it received for the 2006–07 fiscal year less 25 percent of the difference between the amount received for the 2006–07 fiscal year and the out-of-home care funding amount computed for the 2007–08 fiscal year. (B) For special education local plan areas other than those funded through subparagraph (A), special education local plan areas shall receive the amount received for the 2006–07 fiscal year. (C) For special education local plan areas other than those funded through subparagraph (A), each special education local plan area shall also receive the difference between the out-of-home care funding amount for that special education local plan area and the amount received for the 2006–07 fiscal year for that special education local plan area divided by the sum of the difference between the out-of-home care funding amount and the amount received in the 2006–07 fiscal year for all special education local plan areas multiplied by the amount of funds provided for Section 56836.165 in the annual Budget Act that has not been allocated in subparagraph (A) or (B). (3) For the 2008–09 fiscal year, the total amount apportioned to a special education local plan area pursuant to the formula established in paragraph (1) shall be as follows: (A) If the out-of-home care funding amount calculated for a special education local plan area for the 2008–09 fiscal year is less than or equal to the amount a special education local plan area received for the 2007–08 fiscal year, the special education local plan area shall receive the same amount it received for the 2007–08 fiscal year less 33 percent of the difference between the amount received for the 2007–08 fiscal year and the out-of-home care funding amount computed for the 2008–09 fiscal year. (B) For special education local plan areas other than those funded through subparagraph (A), special education local plan areas shall receive the amount received for the 2007–08 fiscal year. (C) For special education local plan areas other than those funded through subparagraph (A), each special education local plan area shall also receive the difference between the out-of-home care funding amount for that special education local plan area and the amount received for the 2007–08 fiscal year for that special education local plan area divided by the sum of the difference between the out-of-home care funding amount and the amount received in the 2007–08 fiscal year for all special education local plan areas multiplied by the amount of funds provided for Section 56836.165 in the annual Budget Act that has not been allocated in subparagraph (A) or (B). (4) For the 2009–10 fiscal year, the total amount apportioned to a special education local plan area pursuant to the formula established in paragraph (1) shall be as follows: (A) If the out-of-home care funding amount calculated for a special education local plan area for the 2009–10 fiscal year is less than or equal to the amount a special education local plan area received for the 2008–09 fiscal year, the special education local plan area shall receive the same amount it received for the 2008–09 fiscal year less 50 percent of the difference between the amount received for the 2008–09 fiscal year and the out-of-home care funding amount computed for the 2009–10 fiscal year. (B) For special education local plan areas other than those funded through subparagraph (A), special education local plan areas shall receive the amount received for the 2008–09 fiscal year. (C) For special education local plan areas other than those funded through subparagraph (A), each special education local plan area shall also receive the difference between the out-of-home care funding amount for that special education local plan area and the amount received for the 2008–09 fiscal year for that special education local plan area divided by the sum of the difference between the out-of-home care funding amount and the amount received in the 2008–09 fiscal year for all special education local plan areas multiplied by the amount of funds provided for Section 56836.165 in the annual Budget Act that has not been allocated in subparagraph (A) or (B). (5) For the 2010–11 to 2020–21 fiscal years, inclusive, the total amount apportioned to a special education local plan area pursuant to the formula established in paragraph (1) shall be equal to the amount calculated pursuant to Section 56836.165. If the sum of the amounts calculated pursuant to Section 56836.165 for all special education local plan areas exceeds the Budget Act appropriation for this purpose, the department shall apply proportionate reductions to all special education local plan areas. (6) For the 2021–22 fiscal year and each fiscal year thereafter, the total amount apportioned to a special education local plan area pursuant to the formula established in paragraph (1) shall be equal to the amount calculated pursuant to subdivision (a) of Section 56836.168. If the sum of the amounts calculated pursuant to Section 56836.168 for all special education local plan areas exceeds the annual Budget Act appropriation for this purpose, the department shall apply proportionate reductions to all special education local plan areas. If the annual Budget Act appropriation for this purpose exceeds the sum of the amounts calculated pursuant to Section 56836.168 for all special education local plan areas, any remaining funding shall be allocated in proportion to each special local plan area’s share of that sum calculated pursuant to subdivision (a) of Section 56836.168. (c) A county Educational Revenue Augmentation Fund shall not be required to provide funding for special education programs funded pursuant to this section based on clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.2 of the Revenue and Taxation Code, or clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3 of the Revenue and Taxation Code, or both, for a fiscal year before the 2007–08 fiscal year that it has not already provided for these programs before the start of the 2007–08 fiscal year. (Amended by Stats. 2021, Ch. 44, Sec. 101. (AB 130) Effective July 9, 2021.)
  109. 56836.175.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 3. Licensed Children’s Institutions [56836.165 - 56836.18] ( Article 3 added by Stats. 1997, Ch. 854, Sec. 65. )

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    This section defines “skilled nursing facility” for 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 3. Licensed Children’s Institutions [56836.165 - 56836.18] ( Article 3 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.175. For purposes of this article, a “skilled nursing facility” shall have the same meaning as specified in Section 1250 of the Health and Safety Code, and shall be under contract with the State Department of Health Services to provide pediatric subacute care. (Added by Stats. 2003, Ch. 584, Sec. 3. Effective January 1, 2004.)
  110. 56836.18.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 3. Licensed Children’s Institutions [56836.165 - 56836.18] ( Article 3 added by Stats. 1997, Ch. 854, Sec. 65. )

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    The superintendent must create and maintain an emergency fund for certain special education impaction situations, and the affected local plan area must request funding in writing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 3. Licensed Children’s Institutions [56836.165 - 56836.18] ( Article 3 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.18. (a) The superintendent shall establish and maintain an emergency fund for the purpose of providing relief to special education local plan areas when a licensed children’s institution, foster family home, residential medical facility, or other similar facility serving individuals with exceptional needs opens or expands in a special education local plan area during the course of the school year which impacts the special education local plan area, or when a pupil is placed in a facility for which no public or state-certified nonpublic program exists within the special education local plan area in which the pupil’s individualized education program can be implemented during the course of the school year and impacts the educational program. (b) The special education local plan area in which the impaction occurs shall be responsible for submitting a written request to the superintendent for emergency funding. The written request shall contain, at a minimum, all of the following: (1) Specific information on the new or expanded licensed children’s institution, foster family home, residential medical facility, or other similar facility described in subdivision (a), including information on the new unserved or underserved pupils residing in the facility, or specific information relating to the new unserved or underserved pupils residing in those facilities. (2) The identification of the steps undertaken demonstrating that no public special education program exists within the special education local plan area capable of programmatically meeting the needs of the identified pupils. (3) A plan from the special education local plan area describing the services to be provided. (c) The superintendent shall approve, modify, or disapprove the written request for emergency funding within 30 days of the receipt of the written request and shall notify the special education local plan area administrator, in writing, of the final decision. (d) It is the intent of the Legislature that appropriations necessary to fund these emergency situations shall be included in the Budget Act for each fiscal year. (Added by Stats. 1997, Ch. 854, Sec. 65. Effective January 1, 1998.)
  111. 56836.20.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 4. Nonpublic, Nonsectarian School Contracts [56836.20 - 56836.21] ( Article 4 added by Stats. 1997, Ch. 854, Sec. 65. )

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    This section limits what costs may be included in certain special education master contracts and bars attendance reimbursement unless the pupil’s site is certified.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 4. Nonpublic, Nonsectarian School Contracts [56836.20 - 56836.21] ( Article 4 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.20. (a) The cost of master contracts with nonpublic, nonsectarian schools and agencies that a special education local plan area enters into shall not include any of the following costs that a special education local plan area may incur: (1) Administrative or indirect costs of the special education local plan area. (2) Direct support costs for the special education local plan area. (3) Transportation costs provided either directly, or through a nonpublic, nonsectarian school or agency contract for use of services or equipment owned, leased, or contracted, by a special education local plan area for any pupils enrolled in nonpublic, nonsectarian schools or agencies, unless provided directly or subcontracted by that nonpublic, nonsectarian school or agency pursuant to subdivisions (a) and (b) of Section 56366. (4) Costs for services routinely provided by the special education local plan area including the following, unless the board grants a waiver under Section 56101: (A) School psychologist services other than those described in Sections 56324 and 56363 and included in a master contract and individual services agreement under subdivision (a) of Section 56366. (B) School nurse services other than those described in Sections 49423.5, 56324, and 56363 and included in a master contract and individual services agreement under subdivision (a) of Section 56366. (C) Language, speech, and hearing services other than those included in a master contract and individual services agreement under subdivision (a) of Section 56366. (D) Modified, specialized, or adapted physical education services other than those included in a master contract and individual services agreement under subdivision (a) of Section 56366. (E) Other services not specified by a pupil’s individualized education program or funded by the state on a caseload basis. (5) Costs for nonspecial education programs or settings, including those provided for individuals with exceptional needs between the ages of birth and five years, inclusive, pursuant to Sections 56431 and 56441.8. (6) Costs for nonpublic, nonsectarian school or agency placements outside of the state unless the board has granted a waiver pursuant to subdivisions (e) and (f) of Section 56365. (7) Costs for related nonpublic, nonsectarian school pupil assessments by a school psychologist or school nurse pursuant to Sections 56320 and 56324. (8) Costs for services that the nonpublic, nonsectarian school or agency is not certified to provide. (9) Costs for services provided by personnel who do not meet the requirements specified in subdivision (m) of Section 56366.1. (10) Costs for services provided by public school employees. (b) A nonpublic, nonsectarian school or agency shall not claim and is not entitled to receive reimbursement for attendance unless the site where the pupil is receiving special education or designated instruction and services is certified. (Amended by Stats. 2025, Ch. 579, Sec. 7. (SB 373) Effective January 1, 2026.)
  112. 56836.21.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 4. Nonpublic, Nonsectarian School Contracts [56836.20 - 56836.21] ( Article 4 added by Stats. 1997, Ch. 854, Sec. 65. )

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    The department must run an extraordinary cost pool, and special education local plan areas may seek reimbursement for qualifying claims subject to a threshold and an October 31 filing deadline.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 4. Nonpublic, Nonsectarian School Contracts [56836.20 - 56836.21] ( Article 4 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.21. (a) The department shall administer an extraordinary cost pool to protect special education local plan areas from the extraordinary costs associated with single placements as described in subdivision (d). Funds shall be appropriated for this purpose in the annual Budget Act. Special education local plan areas shall be eligible for reimbursement from this pool in accordance with this section. (b) The threshold amount for claims under this section shall be the lesser of the following: (1) (A) Through the 2019–20 fiscal year, one percent of the allocation calculated pursuant to Section 56836.08 for the special education local plan area for the current fiscal year for any special education local plan area that meets the criteria in Section 56212. (B) For the 2020–21 fiscal year and each fiscal year thereafter, one percent of the allocation calculated pursuant to Section 56836.08 for the special education local plan area for the 2019–20 fiscal year for any special education local plan area that met the criteria in Section 56212 for the 2019–20 fiscal year. (2) The department shall calculate the average cost of a nonpublic, nonsectarian school placement in the 1997–98 fiscal year. This amount shall be multiplied by 2.5, then by one plus the inflation factor computed pursuant to Section 42238.1, as that section read on January 1, 2013, to obtain the alternative threshold amount for claims in the 1998–99 fiscal year. For the 2021–22 fiscal year, the alternative threshold amount shall be the alternative threshold amount for the prior fiscal year multiplied by one plus the inflation factor computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02, and shall also include the inflation factor of 2.31 percent instead of zero as described in Section 56836.142 for the 2020–21 fiscal year. For the 2022–23 fiscal year and for each fiscal year thereafter, the alternative threshold amount shall be the alternative threshold amount for the prior fiscal year multiplied by one plus the inflation factor computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (c) Special education local plan areas are eligible to submit claims for costs exceeding the threshold amount on forms developed by the department. All claims for a fiscal year shall be submitted by October 31 following the close of the fiscal year. If the total amount claimed by special education local plan areas exceeds the amount appropriated, the claims shall be prorated. (d) Special education local plan areas are eligible to submit claims for the costs of nonpublic, nonsectarian school placements in excess of those in existence in the 1997–98 fiscal year and the costs of special education and related services for pupils who reside in licensed children’s institutions. (Amended by Stats. 2024, Ch. 38, Sec. 81. (SB 153) Effective June 29, 2024.)
  113. 56836.22.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 5. Low Incidence Funding [56836.22- 56836.22.] ( Article 5 added by Stats. 1997, Ch. 854, Sec. 65. )

    Verify source ↗

    This section sets a formula for low-incidence special education funding and directs the Superintendent to apportion the resulting amount to each 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 5. Low Incidence Funding [56836.22- 56836.22.] ( Article 5 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.22. (a) Commencing with the 1985–86 fiscal year, and for each fiscal year thereafter, funds to support special education and related services as required under the individualized education program for each pupil with low-incidence disabilities, as defined in Section 56026.5, shall be determined by dividing the total number of pupils with low-incidence disabilities in the state, as reported in the California Longitudinal Pupil Achievement Data System pursuant to Chapter 10 (commencing with Section 60900) of Part 33 on the Fall 1 Census of the prior fiscal year, into the annual appropriation provided for this purpose in the annual Budget Act. (b) The per-pupil entitlement determined pursuant to subdivision (a) shall be multiplied by the number of pupils with low-incidence disabilities in each special education local plan area to determine the total funds available for each local plan. (c) The Superintendent shall apportion the amount determined pursuant to subdivision (b) to the special education local plan area for purposes of providing special education and related services as required under the individualized education program for each pupil with low-incidence disabilities. (Amended by Stats. 2020, Ch. 24, Sec. 80. (SB 98) Effective June 29, 2020.)
  114. 56836.23.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 6. Program Specialists and Administration of Regionalized Operations and Services [56836.23 - 56836.31] ( Article 6 added by Stats. 1997, Ch. 854, Sec. 65. )

    Verify source ↗

    Funds for regionalized operations and direct instructional support are apportioned to special education local plan areas, and receipt of those funds requires them to carry out listed functions according to 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 6. Program Specialists and Administration of Regionalized Operations and Services [56836.23 - 56836.31] ( Article 6 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.23. Funds for regionalized operations and services and the direct instructional support of program specialists shall be apportioned to the special education local plan areas. As a condition of receiving these funds, the special education local plan area shall ensure that all functions listed below are performed in accordance with the description set forth in its local plan adopted pursuant to Section 56205: (a) Coordination of the special education local plan area and the implementation of the local plan. (b) Coordinated system of identification and assessment. (c) Coordinated system of procedural safeguards. (d) Coordinated system of staff development and parent and guardian education. (e) Coordinated system of curriculum development and alignment with the core curriculum. (f) Coordinated system of internal program review, evaluation of the effectiveness of the local plan, and implementation of a local plan accountability mechanism. (g) Coordinated system of data collection and management. (h) Coordination of interagency agreements. (i) Coordination of services to medical facilities. (j) Coordination of services to licensed children’s institutions and foster family homes. (k) Preparation and transmission of required special education local plan area reports. (l) Fiscal and logistical support of the community advisory committee. (m) Coordination of transportation services for individuals with exceptional needs. (n) Coordination of career and vocational education and transition services. (o) Assurance of full educational opportunity. (p) Fiscal administration and the allocation of state and federal funds pursuant to Section 56836.01. (q) Direct instructional program support that may be provided by program specialists in accordance with Section 56368. (Amended by Stats. 2018, Ch. 32, Sec. 99. (AB 1808) Effective June 27, 2018.)
  115. 56836.24.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 6. Program Specialists and Administration of Regionalized Operations and Services [56836.23 - 56836.31] ( Article 6 added by Stats. 1997, Ch. 854, Sec. 65. )

    Verify source ↗

    The Superintendent must calculate funding apportionments for special education local plan areas using the fiscal-year formulas in this section.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 6. Program Specialists and Administration of Regionalized Operations and Services [56836.23 - 56836.31] ( Article 6 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.24. (a) Commencing with the 2018–19 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the amount of funding for the purposes specified in Section 56836.23 for apportionment to each special education local plan area for the fiscal year in which the computation is made: (1) For the 2018–19 fiscal year, the Superintendent shall make the following computations: (A) Compute the statewide average for program specialists and regionalized services, excluding the amount computed for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, for the 2012–13 fiscal year. (B) Multiply the computed amount in subparagraph (A) by one plus the inflation factor for the 2013–14 to 2017–18 fiscal years, inclusive, computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (C) Multiply the amount computed in subparagraph (B) by one plus the inflation factor for the 2018–19 fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (D) Multiply the amount computed in subparagraph (C) by the number of units of average daily attendance upon which funding is based pursuant to subdivision (d) of Section 56836.10 for the special education local plan area. (2) For the 2019–20 fiscal year, the Superintendent shall make the following computations: (A) Multiply the 2018–19 fiscal year statewide average amount by one plus the inflation factor for the 2019–20 fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (B) Multiply the amount computed in subparagraph (A) by the number of units of average daily attendance upon which funding is based pursuant to clause (i) of subparagraph (B) of paragraph (3) of subdivision (b) of Section 56836.08 for the special education local plan area. (3) For the 2020–21 fiscal year, the Superintendent shall make the following computations: (A) Multiply the 2019–20 fiscal year statewide average amount by one plus the inflation factor for the 2020–21 fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (B) Multiply the amount computed in subparagraph (A) by the number of units of average daily attendance upon which funding is based pursuant to clause (i) of subparagraph (B) of paragraph (3) of subdivision (b) of Section 56836.08 for the special education local plan area for the 2019–20 fiscal year. (4) For the 2021–22 fiscal year, the Superintendent shall make the following computations: (A) Multiply the 2020–21 fiscal year statewide average amount by one plus the inflation factor for the 2021–22 fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02, and include the inflation factor of 2.31 percent instead of zero as described in Section 56836.142 for the 2020–21 fiscal year. (B) Multiply the amount computed in subparagraph (A) by the number of units of average daily attendance upon which funding is based pursuant to clause (i) of subparagraph (B) of paragraph (3) of subdivision (b) of Section 56836.08 for the special education local plan area for the 2019–20 fiscal year. (5) For the 2022–23 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations: (A) Multiply the prior year fiscal year statewide average amount by one plus the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (B) Multiply the amount computed in subparagraph (A) by the number of units of average daily attendance upon which funding is based pursuant to clause (i) of subparagraph (B) of paragraph (3) of subdivision (b) of Section 56836.08 for the special education local plan area for the 2019–20 fiscal year. (b) For purposes of this section, a special education local plan area that only includes charter schools shall be apportioned by the Superintendent for each unit of average daily attendance reported pursuant to subdivision (a) of Section 56836.06 for the 2019–20 fiscal year. (Amended by Stats. 2021, Ch. 44, Sec. 103. (AB 130) Effective July 9, 2021.)
  116. 56836.25.

    ## 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 6. Program Specialists and Administration of Regionalized Operations and Services [56836.23 - 56836.31] ( Article 6 added by Stats. 1997, Ch. 854, Sec. 65. )

    Verify source ↗

    Funds received under this article must be spent only for the purposes listed in Section 56836.23.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 6. Program Specialists and Administration of Regionalized Operations and Services [56836.23 - 56836.31] ( Article 6 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.25. Funds received pursuant to this article shall be expended for the purposes specified in Section 56836.23. (Added by Stats. 2018, Ch. 32, Sec. 101. (AB 1808) Effective June 27, 2018.)
  117. 56836.29.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 6. Program Specialists and Administration of Regionalized Operations and Services [56836.23 - 56836.31] ( Article 6 added by Stats. 1997, Ch. 854, Sec. 65. )

    Verify source ↗

    If special education local plan areas reorganize, the department must adjust payment rates so overall funding stays the same.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 6. Program Specialists and Administration of Regionalized Operations and Services [56836.23 - 56836.31] ( Article 6 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.29. If special education local plan areas reorganize, including by merger or division, the department shall adjust rates for payments to and from the resulting special education local plan areas so that overall funding neither increases nor decreases from what it would have been before the reorganization. (Added by Stats. 2017, Ch. 15, Sec. 61. (AB 99) Effective June 27, 2017.)
  118. 56836.31.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 6. Program Specialists and Administration of Regionalized Operations and Services [56836.23 - 56836.31] ( Article 6 added by Stats. 1997, Ch. 854, Sec. 65. )

    Verify source ↗

    The Superintendent must allocate supplemental special education funds to qualifying small local plan areas, using different calculation rules for specified fiscal years.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 6. Program Specialists and Administration of Regionalized Operations and Services [56836.23 - 56836.31] ( Article 6 added by Stats. 1997, Ch. 854, Sec. 65. ) ## 56836.31. (a) To accomplish the activities set forth in Section 56836.23, supplemental funds shall be apportioned to special education local plan areas that are designated as necessary small special education local plan areas in accordance with Section 56212 and that report fewer than 15,000 units of average daily attendance. (b) For the 2013–14 fiscal year to the 2017–18 fiscal year, inclusive, the Superintendent shall allocate the supplemental amount described in subdivision (a) based on the following computations: (1) Calculate the difference between the number of units of average daily attendance reported for the necessary small special education local plan area for the current fiscal year and 15,000 units of average daily attendance. (2) Multiply the difference calculated in paragraph (1) by the rate calculated in subdivision (c). (c) For the 2013–14 fiscal year, the supplemental rate per unit of average daily attendance shall be fifteen dollars ($15). For the 2014–15 fiscal year and each fiscal year thereafter, the supplemental rate per unit of average daily attendance shall be fifteen dollars ($15) multiplied by one plus the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the current fiscal year. (d) For the 2018–19 and 2019–20 fiscal years, the Superintendent shall allocate the supplemental amount described in subdivision (a) based on the following computations: (1) Calculate the difference between the number of units of average daily attendance determined pursuant to Section 56836.24 for the necessary small special education local plan area and 15,000 units of average daily attendance. (2) For the 2018–19 fiscal year, the supplemental rate per unit of average daily attendance shall be the rate computed pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 56836.24. For the 2019–20 fiscal year, the supplemental rate per unit of average daily attendance shall be the rate computed pursuant to subparagraph (A) of paragraph (2) of subdivision (a) of Section 56836.24. (3) Multiply the difference calculated in paragraph (1) by the rate calculated in paragraph (2). (e) For the 2020–21 fiscal year, the Superintendent shall allocate the supplemental amount described in subdivision (a) by taking the difference calculated pursuant to paragraph (1) of subdivision (d) for the 2019–20 fiscal year and multiplying it by the supplemental rate per unit of average daily attendance computed pursuant to subparagraph (A) of paragraph (3) of subdivision (a) of Section 56836.24. (f) For the 2021–22 fiscal year, the Superintendent shall allocate the supplemental amount described in subdivision (a) by taking the difference calculated pursuant to paragraph (1) of subdivision (d) for the 2019–20 fiscal year and multiplying it by the supplemental rate per unit of average daily attendance computed pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of Section 56836.24. (g) For the 2022–23 fiscal year and each fiscal year thereafter, the Superintendent shall allocate the supplemental amount described in subdivision (a) by taking the difference calculated pursuant to paragraph (1) of subdivision (d) for the 2019–20 fiscal year and multiplying it by the supplemental rate per unit of average daily attendance computed pursuant to subparagraph (A) of paragraph (5) of subdivision (a) of Section 56836.24. (Amended by Stats. 2021, Ch. 44, Sec. 104. (AB 130) Effective July 9, 2021.)
  119. 56836.39.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 6.5. Special Education Early Intervention Preschool Grant [56836.39 - 56836.40] ( Article 6.5 added by Stats. 2019, Ch. 51, Sec. 55. )

    Verify source ↗

    The Legislature states that early intervention, preschool support, and additional resources help pupils—especially pupils with disabilities and those at risk of falling behind—succeed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 6.5. Special Education Early Intervention Preschool Grant [56836.39 - 56836.40] ( Article 6.5 added by Stats. 2019, Ch. 51, Sec. 55. ) ## 56836.39. The Legislature finds and declares all of the following: (a) A quality education ensures that pupils receive appropriate interventions and services as needed before the pupil falls behind academically. (b) Early intervention services and supports provided to children who are at risk of falling significantly behind, including children with disabilities, can reduce the need for additional services in future years. (c) Pupils with disabilities who are taught within the general education classroom with supports and systematic instruction achieve better outcomes in the areas of academics, communication, and behavior. (d) In order to ensure the success of pupils with disabilities, additional resources for early intervention and preschool should be provided to school districts to support young learners with disabilities and those at risk of requiring related services. (Added by Stats. 2019, Ch. 51, Sec. 55. (SB 75) Effective July 1, 2019.)
  120. 56836.40.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 6.5. Special Education Early Intervention Preschool Grant [56836.39 - 56836.40] ( Article 6.5 added by Stats. 2019, Ch. 51, Sec. 55. )

    Verify source ↗

    If money is appropriated, the Superintendent must compute and allocate special education early intervention preschool grant funding to each school district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 6.5. Special Education Early Intervention Preschool Grant [56836.39 - 56836.40] ( Article 6.5 added by Stats. 2019, Ch. 51, Sec. 55. ) ## 56836.40. (a) For any fiscal year in which moneys are appropriated for purposes of this section, the Superintendent shall make the following computations to determine the amount of funding for each school district for the special education early intervention preschool grant: (1) For each school district, determine the total number of pupils in grade 1 with exceptional needs residing in that school district using Fall 1 Census special education data. (2) The sum of the totals determined pursuant to paragraph (1) is the “total statewide number of preschool children with exceptional needs” for the applicable fiscal year. (3) Calculate a per pupil special education early intervention preschool grant by dividing the amount appropriated in the annual Budget Act for purposes of this section by the total statewide number of preschool children with exceptional needs calculated in paragraph (2). (4) Calculate the special education early intervention preschool grant for each school district by multiplying the per pupil grant calculated in paragraph (3) by the total number calculated in paragraph (1) for the school district. (5) The Superintendent shall allocate the amount of funds calculated for each school district in paragraph (4) to the applicable school district. (b) The funds allocated pursuant to this section shall supplement existing special education resources currently required to be provided pursuant to federal and state law and promote a targeted focus on services and supports being offered in inclusive settings, to the extent practicable. (c) Funding allocated to school districts under this section shall be used to provide services and supports in inclusive settings that have been determined to improve school readiness and long-term outcomes for infants, toddlers, and preschool pupils from birth to five years of age, inclusive, including, but not limited to, all of the following: (1) Early intervention services, including preschool and supportive services for children from birth to five years of age, inclusive, who are not meeting age-appropriate developmental milestones and are at risk for being identified as eligible for special education and related services. This may include children who received individualized family support plan services but did not qualify for an individualized education program, and children who have not received an individualized family support plan nor an individualized education program. (2) One-time programs, services, or resources for preschool children with exceptional needs that may not be medically or educationally necessary or required by an individualized education program or in an individualized family support plan, but which the school district has determined will have a positive impact on a young child. (3) Strategies to improve pupil outcomes as identified through the state system of support, including inclusive educational programming that ensures a pupil’s right to placement in the least restrictive educational environment. (4) Wraparound services for preschool children with exceptional needs not required by federal or state law. (5) Expansion of inclusive practices to ensure that preschool children with exceptional needs have access to learn in the least restrictive environment. (6) Professional development for preschool teachers, administrators, and paraprofessionals on evidence-based strategies to build capacity to serve preschool children with exceptional needs in more inclusive settings. This professional development may also include training for teachers, administrators, and paraprofessionals on the development of physical, social, emotional, and academic skills and on developing appropriate individualized education programs for preschool children with exceptional needs that ensure access to a free, appropriate public education in the least restrictive environment. (d) For purposes of this section, the following definitions shall apply: (1) “Preschool child with exceptional needs” means a child between three and five years of age, inclusive, who has been identified as an individual with exceptional needs, as defined in Section 56026, and is receiving individualized education program services, except those enrolled in kindergarten or a transitional kindergarten program. (2) “Transitional kindergarten” means the first year of a two-year kindergarten program that uses a modified kindergarten curriculum that is age and developmentally appropriate. (3) “Wraparound services” means integrated services and supports that address a child’s holistic needs, including, but not limited to, academic, health, and social services. (Amended by Stats. 2021, Ch. 44, Sec. 105. (AB 130) Effective July 9, 2021.)
  121. 56837.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 7. Federal Funding Allocations [56837 - 56844] ( Article 7 added by Stats. 1998, Ch. 691, Sec. 49. )

    Verify source ↗

    The state must distribute federal special education funding to local educational agencies in three steps: first matching each agency’s 1999 Section 1411 amount, then splitting any remaining funds 85/15 based on enrollment and poverty measures.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 7. Federal Funding Allocations [56837 - 56844] ( Article 7 added by Stats. 1998, Ch. 691, Sec. 49. ) ## 56837. For each fiscal year for which federal funds under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 set seq.) are allocated to the state pursuant to subsection (d) of Section 1411 of Title 20 of the United States Code, the federal funding for local entitlements shall be allocated through the annual Budget Act in the following manner: (a) The state shall first award each local educational agency, including public charter schools that operate as local educational agencies, the amount the local educational agency would have received under Section 1411 for the 1999 fiscal year. (b) After calculating the allocations under subdivision (a), the state shall do both of the following: (1) Allocate 85 percent of any remaining funds to the local educational agencies described in subdivision (a) on the basis of the relative numbers of pupils enrolled in public and private elementary schools and secondary schools within each local educational agency’s territorial jurisdiction. (2) Allocate 15 percent of the remaining funds to those local educational agencies described in subdivision (a) in accordance with the relative numbers of children living in poverty within each local educational agency’s jurisdiction, as determined by the Superintendent. (Repealed and added by Stats. 2005, Ch. 653, Sec. 49. Effective October 7, 2005.)
  122. 56838.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 7. Federal Funding Allocations [56837 - 56844] ( Article 7 added by Stats. 1998, Ch. 691, Sec. 49. )

    Verify source ↗

    This section directs the state to allocate certain federal special education funds each fiscal year in a specified order.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 7. Federal Funding Allocations [56837 - 56844] ( Article 7 added by Stats. 1998, Ch. 691, Sec. 49. ) ## 56838. In each fiscal year for which federal funds are received by the state pursuant to Section 1419 of Title 20 of the United States Code for individuals with exceptional needs between the ages of 3 and 5, inclusive, the portion of funds available for local entitlements that are not reserved for state activities pursuant to subsection (d) of Section 1419 of Title 20 of the United States Code shall be allocated through the annual Budget Act in the following manner: (a) The state shall first award to each local educational agency, including public charter schools that operate as local educational agencies, the amount the local educational agency would have received under Section 1419 of Title 20 of the United States Code for the 1997 federal fiscal year. (b) After calculating the allocations under subdivision (a), the state shall do both of the following: (1) Allocate 85 percent of any remaining funds to those local educational agencies described in subdivision (a) on the basis of the relative numbers of pupils enrolled in public and private elementary schools and secondary schools within each local educational agency’s territorial jurisdiction. (2) Allocate 15 percent of those remaining funds to the local educational agencies in accordance with the relative number of children within each local educational agency living in poverty, as determined by the Superintendent. (Amended by Stats. 2005, Ch. 653, Sec. 50. Effective October 7, 2005.)
  123. 56839.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 7. Federal Funding Allocations [56837 - 56844] ( Article 7 added by Stats. 1998, Ch. 691, Sec. 49. )

    Verify source ↗

    The superintendent must use the most recent population data, including data on children living in poverty, for Sections 56837 and 56838, and the data must be available and satisfactory to the United States Secretary of 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 7. Federal Funding Allocations [56837 - 56844] ( Article 7 added by Stats. 1998, Ch. 691, Sec. 49. ) ## 56839. For purposes of Sections 56837 and 56838, the superintendent shall use the most recent population data, including data on children living in poverty, that are available and are satisfactory to the United States Secretary of Education. (Added by Stats. 1998, Ch. 691, Sec. 49. Effective January 1, 1999.)
  124. 56840.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 7. Federal Funding Allocations [56837 - 56844] ( Article 7 added by Stats. 1998, Ch. 691, Sec. 49. )

    Verify source ↗

    This section says the federal funding allocations for local entitlements in Sections 56837 and 56838 also apply to certain eligible state 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 7. Federal Funding Allocations [56837 - 56844] ( Article 7 added by Stats. 1998, Ch. 691, Sec. 49. ) ## 56840. The federal funding allocations for local entitlements in Sections 56837 and 56838 shall also apply to state agencies that were eligible to receive federal Part B funds pursuant to subsection (a) of Section 1414 of Title 20 of the United States Code as that provision read prior to the enactment of Public Law 105-17, the Individuals with Disabilities Education Act Amendments of 1997. (Added by Stats. 1998, Ch. 691, Sec. 49. Effective January 1, 1999.)
  125. 56841.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 7. Federal Funding Allocations [56837 - 56844] ( Article 7 added by Stats. 1998, Ch. 691, Sec. 49. )

    Verify source ↗

    This section tells a local educational agency how federal special education funds may be used, and limits when the agency may reduce local spending on 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 7. Federal Funding Allocations [56837 - 56844] ( Article 7 added by Stats. 1998, Ch. 691, Sec. 49. ) ## 56841. (a) Federal funds available through Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and appropriated through the annual Budget Act shall only be used as follows: (1) For the excess costs of providing special education and related services to individuals with exceptional needs. (2) To supplement state, local, and other federal funds and not to supplant those funds. (b) Except as provided in subdivisions (c) and (d), the funds shall not be used to reduce the level of expenditures for the education of individuals with exceptional needs made by the local educational agency from local funds below the level of those expenditures for the preceding fiscal year. (c) Notwithstanding subdivision (b), a local educational agency may reduce the level of expenditures from local funds where the reduction is attributable to the following: (1) The voluntary departure, by retirement or otherwise, or departure for just cause, of special education personnel. (2) A decrease in the enrollment of individuals with exceptional needs. (3) The termination of the obligation of the local educational agency, consistent with this part, to provide a program of special education to an individual or individuals with exceptional needs that is an exceptionally costly program, as determined by the Superintendent, because any of the following is applicable: (A) The child has left the jurisdiction of the local educational agency. (B) The child has reached the age at which the obligation of the local educational agency to provide a free appropriate public education to the child has terminated. (C) The child no longer needs the program of special education. (4) The termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of facilities. (d) Notwithstanding the provisions of paragraph (2) of subdivision (a) and subdivision (b), for any fiscal year in which the allocation received by a local educational agency under Section 1411(f) of Title 20 of the United States Code exceeds the amount the local educational agency received for the previous fiscal year, the local educational agency may reduce the level of expenditures otherwise required by Section 1413(a)(2)(A)(iii) of Title 20 of the United States Code by not more than 50 percent of the amount of the excess. If a local educational agency exercises the authority under this subdivision, the local educational agency shall use an amount of local funds equal to the reduction in expenditures under this subdivision to carry out activities authorized under the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.). (e) Notwithstanding subdivision (d), if the Superintendent determines that a local educational agency is unable to establish and maintain programs of free appropriate public education that meet the requirements of Section 1413(a) of Title 20 of the United States Code, or if the Superintendent has taken action against the local educational agency under Section 1416 of Title 20 of the United States Code, the Superintendent shall prohibit the local educational agency from reducing the level of expenditures under subdivision (d) for that fiscal year. (f) The amount of funds expended by a local educational agency under Section 1413(f) of Title 20 of the United States Code for early intervening services shall count toward the maximum amount of expenditures the local educational agency may reduce under subdivision (d). (g) Notwithstanding Section 1413(a)(2)(A) of Title 20 of the United States Code or any other provision of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), a local educational agency may use federal special education funds for any fiscal year to carry out a schoolwide program under Section 1114 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.), except that the amount so used in any such program shall not exceed the number of individuals with exceptional needs participating in the schoolwide program, multiplied by the amount received by the local educational agency under this article for that fiscal year, and divided by the number of individuals with exceptional needs in the jurisdiction of that local educational agency. (h) (1) Notwithstanding subdivisions (a) to (g), inclusive, a local educational agency may also use federal special education funds for other purposes specified in Section 1413(a) of Title 20 of the United States Code. (2) In accordance with Section 300.208(b) of Title 34 of the Code of Federal Regulations, a local educational agency may use federal funds received under this article to purchase appropriate technology for recordkeeping, data collection, and related case management activities of teachers and related services personnel providing services described in the individualized education program of individuals with exceptional needs, that is needed for the implementation of those case management activities. (Amended by Stats. 2007, Ch. 454, Sec. 35. Effective October 10, 2007.)
  126. 56842.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 7. Federal Funding Allocations [56837 - 56844] ( Article 7 added by Stats. 1998, Ch. 691, Sec. 49. )

    Verify source ↗

    A local educational agency may not use more than 15% of certain Part B IDEA funds for coordinated early intervening services, and it must carry out the implementation of those services as specified in federal law.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 7. Federal Funding Allocations [56837 - 56844] ( Article 7 added by Stats. 1998, Ch. 691, Sec. 49. ) ## 56842. (a) A local educational agency may not use more than 15 percent of the amount the agency receives under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) for any fiscal year, less any amount reduced by the local educational agency pursuant to subparagraph (C) of paragraph (2) of subsection (a) of Section 1413 of Title 20 of the United States Code, if any, in combination with other amounts, which may include amounts other than education funds, to develop and implement, coordinated, early intervening services, which may include interagency financing structures, for pupils in kindergarten and in grades 1 to 12, inclusive, with a particular emphasis on pupils in kindergarten and in grades 1 to 3, inclusive, who have not been identified as needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment. (b) The implementation of the coordinated, early intervening services under this section, including activities, reporting, and coordination with the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.), shall be carried out by a local educational agency as specified in subsection (f) of Section 1413 of Title 20 of the United States Code. (c) This section does not limit or create a right to a free appropriate public education under this part. (Repealed and added by Stats. 2005, Ch. 653, Sec. 53. Effective October 7, 2005.)
  127. 56844.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 7. Federal Funding Allocations [56837 - 56844] ( Article 7 added by Stats. 1998, Ch. 691, Sec. 49. )

    Verify source ↗

    The state may not use certain federal special education funds to meet state-mandated funding obligations to local educational 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 7. Federal Funding Allocations [56837 - 56844] ( Article 7 added by Stats. 1998, Ch. 691, Sec. 49. ) ## 56844. In complying with paragraph (17), regarding the prohibition against supplantation of federal funds, and paragraph (18), regarding maintenance of state financial support for special education and related services, of subsection (a) of Section 1412 of Title 20 of the United States Code, the state may not use funds paid to it under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) to satisfy state-mandated funding obligations to local educational agencies, including funding based on pupil attendance or enrollment, or on inflation. (Added by Stats. 2005, Ch. 653, Sec. 54. Effective October 7, 2005.)
  128. 56845.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 8. Withholding of Payments [56845- 56845.] ( Article 8 added by Stats. 2000, Ch. 286, Sec. 2. )

    Verify source ↗

    The Superintendent may withhold special education funds from a local educational agency after notice and a hearing, and may later release withheld funds if compliance improves. The department is exempt from certain public contracting requirements when contracting to serve unserved 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 7.2. Special Education Funding [56836 - 56845] ( Chapter 7.2 added by Stats. 1997, Ch. 854, Sec. 65. ) ## ARTICLE 8. Withholding of Payments [56845- 56845.] ( Article 8 added by Stats. 2000, Ch. 286, Sec. 2. ) ## 56845. (a) The Superintendent may withhold, in whole or in part, state funds or federal funds allocated under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) from a local educational agency after reasonable notice and opportunity for a hearing if the Superintendent finds either of the following: (1) The local educational agency failed to comply substantially with a provision of state law, federal law, or regulations governing the provision of special education and related services to individuals with exceptional needs which results in the failure to comply substantially with corrective action orders issued by the department resulting from monitoring findings or complaint investigations. (2) The local educational agency failed to implement the decision of a due process hearing officer based on noncompliance with provisions of this part, the implementing regulations, provisions of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or the implementing regulations, which noncompliance results in the denial of, or impedes the delivery of, a free appropriate public education for an individual with exceptional needs. (b) When the Superintendent determines that a local educational agency made substantial progress toward compliance with state law, federal law, or regulations governing the provision of special education and related services to individuals with exceptional needs, the Superintendent may apportion the state or federal funds withheld from the local educational agency. (c) Notwithstanding any other provision of law, state funds may not be allocated to offset any federal funding intended for individuals with exceptional needs, as defined in Section 56026, and withheld from a local educational agency due to the agency’s noncompliance with state or federal law. (d) For purposes of this section, in order to enter into contracts with one or more local educational agencies to serve individuals with exceptional needs who are not being served as required under this part, the department is exempt from the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. (Amended by Stats. 2007, Ch. 56, Sec. 92. Effective January 1, 2008.)
  129. 56846.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.5. Autism Training and Information [56846 - 56847] ( Chapter 7.5 added by Stats. 2006, Ch. 783, Sec. 1. )

    Verify source ↗

    This section says autism should be better addressed by listed state education and service entities, and that autism research should be more fully shared with parents, families, schools, and regional centers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.5. Autism Training and Information [56846 - 56847] ( Chapter 7.5 added by Stats. 2006, Ch. 783, Sec. 1. ) ## 56846. (a) The Legislature hereby finds and declares all of the following: (1) Autism is the fastest growing special education eligibility category for public education in California and the nation. In the years between 1998 and 2002, the number of pupils with autism receiving services in California almost doubled, from 10,360 to 20,377. These numbers have continued to climb at a surprising rate. In 2004, there were 4,427 additional pupils diagnosed with autism, an increase of 18 percent. (2) Autism is not a rare disorder. It is a major public health problem that must be better addressed by the State Department of Education, the State Department of Developmental Services, the State Department of Social Services, the state public school system regional centers, and all other entities assisting children with autism. (3) Significant gains have been made in the expansion of research related to autism and related neurodevelopmental disorders. The findings of this research need to be more fully disseminated to parents, families, school districts, nonpublic schools, and regional centers throughout the state. (b) Accordingly, it is the intent of the Legislature, in enacting Schedule (1) of Item 4300-101-0001 of Section 2.00 of the Budget Act of 2006 (Ch. 47, Stats. 2006), which, funded the Autistic Spectrum Disorders Initiative of the State Department of Developmental Services, and this chapter, to allow the identification and dissemination of research-based recommended practices and professional development programs for children with autism to be fully accessible and available to parents and educators. (Added by Stats. 2006, Ch. 783, Sec. 1. Effective January 1, 2007.)
  130. 56846.2.

    ## 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 7.5. Autism Training and Information [56846 - 56847] ( Chapter 7.5 added by Stats. 2006, Ch. 783, Sec. 1. )

    Verify source ↗

    This section defines “pupil with autism” for this chapter and lists behaviors that can qualify, but excludes that definition when determining eligibility for services under the Lanterman Developmental Disabilities 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 7.5. Autism Training and Information [56846 - 56847] ( Chapter 7.5 added by Stats. 2006, Ch. 783, Sec. 1. ) ## 56846.2. (a) For purposes of this chapter, a “pupil with autism” is a pupil who exhibits autistic-like behaviors, including, but not limited to, any of the following behaviors, or any combination thereof: (1) An inability to use oral language for appropriate communication. (2) A history of extreme withdrawal or of relating to people inappropriately, and continued impairment in social interaction from infancy through early childhood. (3) An obsession to maintain sameness. (4) Extreme preoccupation with objects, inappropriate use of objects, or both. (5) Extreme resistance to controls. (6) A display of peculiar motoric mannerisms and motility patterns. (7) Self-stimulating, ritualistic behavior. (b) The definition of “pupil with autism” in subdivision (a) shall not apply for purposes of the determination of eligibility for services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). (Added by Stats. 2006, Ch. 783, Sec. 1. Effective January 1, 2007.)
  131. 56847.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.5. Autism Training and Information [56846 - 56847] ( Chapter 7.5 added by Stats. 2006, Ch. 783, Sec. 1. )

    Verify source ↗

    The Superintendent must convene an advisory committee to develop recommendations on better serving pupils with autism, and the committee must submit those recommendations to the Legislature and Governor by November 1, 2007.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 7.5. Autism Training and Information [56846 - 56847] ( Chapter 7.5 added by Stats. 2006, Ch. 783, Sec. 1. ) ## 56847. (a) (1) The Superintendent shall convene, with input from the University of California, the California State University, relevant fiscal and policy standing committees of the Legislature, the Legislative Blue Ribbon Commission on Autism established under Resolution Chapter 124 of the Statutes of 2005, the State Department of Developmental Services, and other appropriate entities, an advisory committee to develop recommendations identifying the means by which public and nonpublic schools, including charter schools, can better serve pupils with autism and their parents. (2) The advisory committee shall be composed of parents of children with autism, school district administrators, teachers, representatives of county offices of education, representatives of special education local plan areas, representatives of nonpublic, nonsectarian schools and agencies, autism research specialists, physicians who possess a background or expertise in a pertinent medical field, such as psychiatry or behavioral science, and individuals with a recognized expertise in the best practices for providing instruction to children with autism. (b) The recommendations developed by the advisory committee shall include, but are not limited to, all of the following: (1) Developing a policy on the most effective manner of informing schools about the status of educationally related research and outreach services available to children with autism and their families. It is the intent of the Legislature that schools utilize that information to develop educationally related programs and services for children with autism. (2) Creating a statewide clearinghouse for information on the findings of educationally related research-based, recommended practices to support children with autism that can be disseminated to schools, parents, and other interested parties. These educationally related practices shall include, but are not limited to, the early detection of, and development of, coordinated services to children with autism and the professional development of pertinent individuals. (3) The feasibility and need for establishing a program that would provide technical assistance to schools on all of the following subjects: (A) The identification and diagnosis of autism spectrum disorders. (B) The development of research-based programs that best serve children with autism in order for them to succeed academically. (C) The development of a research-based professional development program to train teachers and administrators on the best practices for providing instruction to children with autism. (c) The recommendations developed by the advisory committee shall not be construed or applied as state-imposed standards or binding on any individualized education program (IEP) team, special education official, or child with autism. This chapter does not prescribe or define an appropriate educational or habilitative program for a child with autism. (d) The recommendations developed by the advisory committee do not govern the services and supports provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). This chapter does not prescribe or define an appropriate individualized family service plan pursuant to Section 95020 of the Government Code or an individual program plan pursuant to Sections 4646 to 4648, inclusive, of the Welfare and Institutions Code for a child with autism. (e) On or before November 1, 2007, the advisory committee shall submit its recommendations to the Legislature and to the Governor. (Added by Stats. 2006, Ch. 783, Sec. 1. Effective January 1, 2007.)
  132. 56850.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

    Verify source ↗

    Individuals with exceptional needs ages 3 to 21 in California state hospitals and developmental centers are entitled to the same access to educational programs as comparable individuals in the community.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56850. (a) The purpose of the Legislature, in enacting this chapter, is to recognize that individuals with exceptional needs, as defined in Section 56026, between 3 and 21 years of age, residing in California’s state hospitals and developmental centers, are entitled to, under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and the Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), the same access to educational programs as is provided for individuals with exceptional needs residing in our communities. (b) It is the intent of the Legislature to ensure that services shall be provided in the community near the individual state hospitals and developmental centers to the maximum extent appropriate, and in the least restrictive environment. (c) It is the further intent of the Legislature to ensure equal access to the educational process and to a full continuum of educational services for all individuals, regardless of their physical residence. (d) It is the further intent of the Legislature that educational services designated for state hospital or developmental center residents not eligible for services mandated by the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) shall not be reduced or limited in any manner as a result of the enactment of this chapter. (e) It is the further intent of the Legislature that any cooperative agreements to provide educational services for state hospitals and developmental centers shall seek to maximize federal financial participation in funding these services. (Amended by Stats. 2023, Ch. 44, Sec. 1. (AB 121) Effective July 10, 2023.)
  133. 56851.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

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    This section requires state hospitals and developmental centers, and related education agencies, to participate in individualized education program meetings, provide a representative if required, reimburse representative costs, and handle review, revision, and protections when the student moves to a community program.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56851. (a) In developing the individualized education program for an individual residing in a state hospital or developmental center who is eligible for services under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), a state hospital or developmental center shall include on its interdisciplinary team a representative of the local educational agency from the district in which the state hospital or developmental center is located, and the individual’s state hospital or developmental center teacher, depending on whether the state hospital or developmental center is otherwise working with the local educational agency for the provision of special education programs and related services to individuals with exceptional needs residing in state hospitals and developmental centers. However, if a district or special education local plan area that is required by this section to provide a representative from the district or special education local plan area does not do so, the county office of education shall provide a representative. (b) The state hospital or developmental center shall reimburse the local educational agency for the costs, including salary, of providing the representative who is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of individuals with exceptional needs. (c) Once the individual with exceptional needs is enrolled in the community program, the local educational agency providing special education shall be responsible for reviewing and revising the individualized education program with the participation of a representative of the state hospital or developmental center and the educational rights holder, as defined in subdivision (b) of Section 56863. The public agency responsible for the individualized education program shall be responsible for all individual protections, including notification and due process. (Amended by Stats. 2023, Ch. 44, Sec. 2. (AB 121) Effective July 10, 2023.)
  134. 56852.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

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    State hospitals must follow federal special education laws and provide special education and related services to each resident with an individualized education program.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56852. In developing the individualized educational program and providing all special education programs and related services to individuals with exceptional needs residing in the state hospitals, the state hospitals shall comply with the requirements of the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), and special education provisions of this part and implementing regulations. Special education and related services shall be provided to each individual residing in a state hospital pursuant to the individualized education program for that individual. (Amended by Stats. 1993, Ch. 1296, Sec. 26. Effective October 11, 1993.)
  135. 56852.5.

    ## 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 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

    Verify source ↗

    The State Department of Education must review whether pupil placement and the placement criteria are appropriate for educational services under each pupil’s individualized education program.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56852.5. The State Department of Education, within its existing program review process, shall specifically review the appropriateness of pupil placement for educational services as designated in the pupil’s individualized education program and the criteria used in determining such placement. (Added by Stats. 1982, Ch. 1201, Sec. 51. Effective September 22, 1982.)
  136. 56853.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

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    This section preserves the authority and responsibility of state hospitals and developmental centers and requires them to keep providing assigned 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 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56853. (a) This chapter does not affect the continued authority of the State Departments of Developmental Services and State Hospitals over educational programs for individuals not eligible for services under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) nor shall it affect the overall responsibility of the state hospitals and developmental centers for the care, treatment, and safety of individuals with exceptional needs under their control. The state hospitals and developmental centers shall continue to render appropriate and necessary developmental services, health related services, psychiatric services, and related services assigned to the state hospitals and developmental centers in the local written agreements, as part of their responsibilities for the care and treatment of state hospital and developmental center residents. (b) For purposes of this section, “health-related services” shall include services provided by physicians, psychiatrists, psychologists, audiologists, registered nurses, social workers, physical therapists, occupational therapists, psychiatric technicians, rehabilitation therapists, and speech language pathologists, and shall be the responsibility of the state hospital or developmental center if the individual with exceptional needs requires these services while in the community program. (Amended by Stats. 2023, Ch. 44, Sec. 3. (AB 121) Effective July 10, 2023.)
  137. 56854.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

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    The Superintendent, the Directors of Developmental Services and State Hospitals, and certain county school officials must make written agreements for this chapter, and the agreements must be reviewed and updated 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 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56854. (a) The Superintendent and the Directors of the State Departments of Developmental Services and State Hospitals shall develop written interagency agreements to carry out the purposes of this chapter. (b) For each county in which a state hospital is located, the county superintendent of schools, with the approval of the county board of education and the administrator of the state hospital, shall develop a local written agreement to carry out the purposes of this chapter. These agreements shall be reviewed and updated annually and may be modified at any time with the concurrence of both parties to the agreements. (Amended by Stats. 2012, Ch. 440, Sec. 2. (AB 1488) Effective September 22, 2012.)
  138. 56855.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

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    County school officials must make special education and related services available for state hospital programs, and the county board of education must approve programs run by the county superintendent under this chapter.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56855. For each county in which a state hospital is located the county superintendent of schools shall ensure that appropriate special education and related services are available in the community for which the state hospitals can contract. Such contract shall provide for any eligible individual with exceptional needs residing in the state hospitals whose individualized education program specifies that educational services for that individual should be most appropriately provided, in whole or in part, in a program other than on the hospital grounds. The county board of education shall approve any programs operated by the county superintendent pursuant to this chapter. (Added by Stats. 1980, Ch. 1191, Sec. 4. Effective September 29, 1980.)
  139. 56856.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

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    The state departments must contract for special education and related services for an individual living in a state hospital, and they may use a nonpublic, nonsectarian school only if no appropriate public education program is 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 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56856. In order to provide appropriate special education and related services to an individual residing in a state hospital, the State Departments of Developmental Services and State Hospitals shall contract with a county superintendent of schools, nonpublic, nonsectarian school, or other agency to provide all or part of the services that the individual’s individualized education program indicates should be provided in a program other than on state hospital grounds. A contract between a state hospital and a nonpublic, nonsectarian school shall only be entered into when no appropriate public education program is available. (Amended by Stats. 2012, Ch. 440, Sec. 3. (AB 1488) Effective September 22, 2012.)
  140. 56857.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

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    The State Departments of Developmental Services and State Hospitals may contract to provide special education and related services on state hospital grounds for certain pupils, but those contracts may not use funds set aside for community-based 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 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56857. Nothing in this chapter shall preclude the State Departments of Developmental Services and State Hospitals from contracting with a local public education agency, a nonpublic, nonsectarian school, or another agency to provide special education and related services on the state hospital grounds for those pupils whose individualized education programs do not indicate that such education and services should be provided in a program other than on state hospital grounds. These contracts shall not involve funds appropriated for purposes of community-based special education programs provided for state hospital pupils pursuant to this chapter. (Amended by Stats. 2012, Ch. 440, Sec. 4. (AB 1488) Effective September 22, 2012.)
  141. 56857.5.

    ## 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 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

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    Community school agencies on state hospital or developmental center grounds must begin transferring qualifying pupils to community schools. Waivers are allowed only with specified approvals.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56857.5. (a) Community school agencies providing school programs on state hospital or developmental center grounds shall begin the orderly transfer of all state hospital or developmental center pupils whose individualized education programs indicate that a community school program is appropriate, to schools located in the community. (b) All pupils covered by subdivision (a) shall be served in community schools other than on state hospital or developmental center grounds, and the contracting provisions of this chapter shall apply only to pupils in community school programs other than on state hospital or developmental center grounds. (c) Waivers to subdivisions (a) and (b) may be granted only when approved by the State Superintendent of Public Instruction and either the Director of the State Department of Developmental Services, for individuals receiving developmental disability services pursuant to Division 4.1 (commencing with Section 4400) of the Welfare and Institutions Code, or the Director of State Hospitals, for individuals receiving mental health services pursuant to Division 4 (commencing with Section 4000) of the Welfare and Institutions Code. (Amended by Stats. 2023, Ch. 44, Sec. 4. (AB 121) Effective July 10, 2023.)
  142. 56858.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

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    State departments must pay projected monthly amounts to the county superintendent after invoice submission, and the county superintendent must later calculate actual costs and distribute funds to participating districts pro rata.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56858. (a) On the first day of each month, the State Department of Developmental Services or the State Department of State Hospitals, as appropriate, upon submission of an invoice by the county superintendent of schools, shall pay to the county superintendent of schools the amount projected to cover the cost of hospital or developmental center pupils educated in community school programs. (b) The amount described in subdivision (a) shall be determined according to procedures agreed by the State Department of Developmental Services or the State Department of State Hospitals, and the State Department of Education. (c) Upon completion of the fiscal year, the county superintendent of schools shall calculate the actual cost of hospital pupils educated in community schools according to procedures in subdivision (b) approved by the State Department of Developmental Services or the State Department of State Hospitals and the State Department of Education. (d) If the calculated actual cost of educating these pupils is greater than the total amount the county superintendent of schools has received for the fiscal year pursuant to subdivision (a), the following years’ distribution shall be adjusted accordingly. (e) The county superintendent of schools shall distribute funds to participating districts on a pro rata basis. (Amended by Stats. 2023, Ch. 44, Sec. 5. (AB 121) Effective July 10, 2023.)
  143. 56858.5.

    ## 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 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

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    Contracts under this chapter become effective unless disapproved within 20 working days of receipt, and certain approvals and submissions must happen before payment or services start.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56858.5. (a) A contract prescribed by this chapter shall become effective unless disapproved by the State Department of Finance or State Department of General Services within 20 working days of receipt of the contract. Each department shall have 10 working days to consider the contract. (b) Contracts shall be submitted to the State Department of Developmental Services or the State Department of State Hospitals, as appropriate, for approval before May 15. (c) A payment shall not be processed before contract approval, and educational services shall not be provided in the community school programs before contract approval. (Amended by Stats. 2023, Ch. 44, Sec. 6. (AB 121) Effective July 10, 2023.)
  144. 56858.7.

    ## 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 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

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    State hospitals must give 60 days’ prior written notice to the county superintendent of schools before adding or removing in-kind classified personnel, and contract parties must agree on any in-kind services above 10% of contract 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 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56858.7. (a) Nothing in this chapter shall prohibit the inclusion of in-kind services or the assignment of state hospital personnel in a contract for services pursuant to this chapter. (b) Ten percent of the contract costs shall be attributed to in-kind services. In-kind services above 10 percent of the contract costs shall be mutually agreed upon by both parties to the contract. Any disagreement over in-kind services above 10 percent shall not be cause for delaying approval of the contract. (c) A 60 day prior written notice shall be given by the state hospital to the county superintendent of schools for the initiation or removal of in-kind state hospital classified personnel. (Added by Stats. 1982, Ch. 1201, Sec. 60. Effective September 22, 1982.)
  145. 56859.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

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    Certain certificated state hospital or developmental center employees providing educational services must hold a California special education credential; employees without it must be reassigned.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56859. All certificated state hospital or developmental center employees hired to provide educational services to individuals with exceptional needs shall possess an appropriate California credential in special education. Certificated state hospital or developmental center employees who do not possess appropriate California credentials in special education shall be reassigned to provide educational services to individuals residing in state hospitals and developmental centers who are not eligible for services under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (Amended by Stats. 2023, Ch. 44, Sec. 7. (AB 121) Effective July 10, 2023.)
  146. 56860.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

    Verify source ↗

    The state hospital is responsible for special transportation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56860. Special transportation shall be the responsibility of the state hospital. (Repealed and added by Stats. 1982, Ch. 1201, Sec. 63. Effective September 22, 1982.)
  147. 56862.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

    Verify source ↗

    The state hospital departments must do an annual review and send the findings to the Department of Finance for approval. The chapter says it is not intended to displace existing hospital personnel or reduce their pay or benefits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56862. It is not the intent of this chapter to displace educational and related services personnel already employed by the state hospitals under the administration of the State Department of Developmental Services or the State Department of State Hospitals, or to reduce their salaries or other employee benefits. The State Department of Developmental Services and the State Department of State Hospitals shall complete an annual review of the impact that implementation of this act will have in reducing the need for positions in state hospitals due to time spent by residents in community education programs and shall submit a report on its findings to the Department of Finance for approval. (Amended by Stats. 2012, Ch. 440, Sec. 5. (AB 1488) Effective September 22, 2012.)
  148. 56863.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

    Verify source ↗

    A state hospital or developmental center must tell the educational rights holder that the student can be considered for education programs off state-hospital or developmental-center grounds, and patient records held by the Superintendent must be kept confidential.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56863. (a) The state hospital or developmental center, as part of the notification to the educational rights holder of their rights pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), and this part and implementing regulations, shall notify the educational rights holder of the right that the student can be considered for education programs other than on state hospital or developmental center grounds. (b) For purposes of this section, “educational rights holder” means a parent, a legal guardian, a conservator, a person acting as a parent of a child, an adult student who is not conserved, a surrogate parent appointed pursuant to Section 300.519 of Title 34 of the Code of Federal Regulations, or any other person responsible for protecting the student’s rights and interests with respect to educational or developmental services, including any special education and related services. (c) Information and records concerning state hospital and developmental center patients in the possession of the Superintendent shall be treated as confidential under Section 5328 of the Welfare and Institutions Code and the federal Privacy Act of 1974, Public Law 93-579. (Amended by Stats. 2023, Ch. 44, Sec. 8. (AB 121) Effective July 10, 2023.)
  149. 56864.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

    Verify source ↗

    Individuals with exceptional needs residing in state hospitals must not be included in the funding calculation for Chapter 7.2.

    ## 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 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56864. Individuals with exceptional needs residing in state hospitals shall not be included within the funding calculation made pursuant to Chapter 7.2 (commencing with Section 56836). (Amended by Stats. 1998, Ch. 89, Sec. 59. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
  150. 56865.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. )

    Verify source ↗

    Funds appropriated under the cited 1980 statute may be used to remodel classrooms in a community school for certain state hospital pupils.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] ( Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9. ) ## CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] ( Chapter 8 added by Stats. 1980, Ch. 1191, Sec. 4. ) ## 56865. Funds appropriated by Section 11 of Chapter 1191 of the Statutes of 1980 may be used for remodeling classrooms located in a community school, in addition to the purposes of Chapter 25 (commencing with Section 17785) of Part 10, in order to serve state hospital pupils whose individualized education programs require a community school program. (Added by Stats. 1982, Ch. 1201, Sec. 66. Effective September 22, 1982.)
  151. 58400.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section states the Legislature’s findings and calls for a comprehensive individualized-instruction program in a major urban school district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## 58400. The Legislature hereby finds and declares that several schools have developed programs of individualized instruction based upon performance criteria, including the integration of vocational education with the regular coursework, which have greatly improved their students’ achievement and that the success of such programs offers great promise for improving the effectiveness of education throughout the state. The Legislature intends to extend the use of individualized instruction programs on a large scale and to immediately organize a comprehensive program of individualized instruction based upon performance criteria in a major urban school district. Such a comprehensive program shall: (a) Address the range of socioeconomic-educational problems of urban school children which will be faced by other urban school districts which may desire to develop individualized instruction programs. (b) Convert the entire curriculum for kindergarten through 12th grade and articulate the curriculum with a community college. (c) Fully integrate vocational education with the regular curriculum in order to acquaint students with a variety of career alternatives and to provide them with flexible opportunities to acquire the combination of vocational and academic skills required for their individual educational and career objectives. (d) Draw together existing experience, techniques, and material in the field of individualized instruction, and produce an increased fund of economically reproducible instructional resources to accelerate large-scale conversion of schools in other school districts of the state. (e) Provide a careful evaluation of the effectiveness of individualized instruction and the problems of conversion, including teacher training, curriculum design and production, integration of vocational education with the regular coursework, and plant utilization. Such an evaluation will help other school districts avoid pitfalls and unnecessary expenditures and permit their programs of individualized instruction to be developed with maximum efficiency and effectiveness. (f) Provide a major opportunity to design and test the criteria and tools for measuring educational performance. Such an opportunity shall contribute essential information and experience to efforts to set goals and measure performance in all the schools of this state. (g) Provide the Governor and the Legislature with more precise information on the fiscal requirements for converting schools in this state to programs of individualized instruction. (Enacted by Stats. 1976, Ch. 1010.)
  152. 58401.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “individualized instruction based upon performance criteria” for this chapter.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## 58401. As used in this chapter “individualized instruction based upon performance criteria” means an educational method in which (a) aptitudes, interests, motivations, and other characteristics of each student play a major role in the selection of educational objectives and the determination of the sequence of study and choice of materials and procedures; (b) the time spent by each student in a given subject area is determined by his performance; and (c) the progress of each student is measured by comparing his performance with a specific objective, rather than with the performance of other students. (Enacted by Stats. 1976, Ch. 1010.)
  153. 58402.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Legislature states that funds are needed to convert the regular curriculum to individualized instruction and to integrate vocational education, and that after the conversion and integration are completed, the program will operate on funds regularly available to school districts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## 58402. The Legislature further finds and declares that funds are needed to convert the regular curriculum to individualized instruction and integration of vocational education and that once such conversion and integration have been accomplished, such program shall operate on the funds regularly available to the school districts. (Enacted by Stats. 1976, Ch. 1010.)
  154. 58403.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Board of Education must establish application procedures and choose a school district to run an individualized instruction program under this chapter.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## 58403. The State Board of Education shall establish application procedures and select a school district to undertake an individualized instruction program pursuant to this chapter. The specific goal of the individualized instruction program authorized by this article shall be to convert at least one high school and the network of elementary and junior high schools which provide students to that high school to a program of individualized instruction based upon performance criteria, including the full integration of vocational education with the regular coursework, and to articulate this program with a community college. In authorizing this program, the Legislature recognizes that conversion of the entire network of schools may require incremental development beginning, for example, with a high school, one junior high school, and one elementary school. (Enacted by Stats. 1976, Ch. 1010.)
  155. 58404.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When choosing a school district for an individualized instruction program, the board must apply specified selection criteria.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## 58404. In selecting a school district to undertake an individualized instruction program pursuant to this chapter, the board shall use the following criteria: (a) The school district shall be a large urban unified district, which had an average daily attendance of not less than 30,000 for the school year 1967–1968, and which has an agreement with a community college to articulate their curricula. (b) The high school and network of junior high and elementary schools shall be representative of the range of socioeconomic-educational problems faced by urban schools. (c) The local board of education and administrators of the school district and the administrators and teachers of the schools to be involved shall be strongly committed to the goals of the individualized instruction program. (d) The individualized instruction program shall be carried out with maximum participation of the teachers and administrators of the individual schools and with substantial flexibility for each school to establish its own program within the framework of general goals and requirements for the overall program within the school district. (e) The school district shall have a plan for community involvement with the program, including students, parents, and representatives of business, industry, organized labor, community and civic organizations, and the general public. (f) The cost experience of the individualized instruction program and the instructional technology used in the school district shall be readily transferable to other schools in the state. (g) The schools selected by the district to participate in the program shall receive entitlement equivalent to the total amount of resources from state, local and federal funds which would otherwise be provided the schools under the district’s current budgeting procedures. (h) The instructional program shall include the full integration of vocational education with the regular curriculum and shall acquaint students in all grades with career alternatives and the relevancy of the school curricula to achieving career objectives. (i) The school district shall have a written statement adopted by the local board of education setting forth the goals, and to the extent feasible, the measurable objectives of education in the district. (Enacted by Stats. 1976, Ch. 1010.)
  156. 58405.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Board of Education must conduct a thorough field review when choosing a school district for the individualized instruction program.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## 58405. In selecting the school district to undertake the individualized instruction program pursuant to this chapter, the State Board of Education shall conduct a thorough field review in order to make independent judgments of the suitability of a district to participate in the program. The field review shall include a rating of the levels of commitment of the teachers and administrators to the individualized instruction program set forth in this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  157. 58406.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The selected district is responsible for the program’s progress and success, and Department of Education staff must provide technical assistance and advice to the district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## 58406. The district selected to undertake the program authorized by this chapter shall have complete responsibility for the program’s progress and success. The staff of the Department of Education shall serve as a resource team that shall provide technical assistance and advice to the school district. (Enacted by Stats. 1976, Ch. 1010.)
  158. 58407.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The state board may waive provisions of the code for this chapter’s program, but not the two specified articles, if it decides the waiver is necessary to help the program succeed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## 58407. The state board may waive any provision of this code, with the exception of Article 1 (commencing with Section 16500), and Article 3 (commencing with Section 39140) of Chapter 2 of Part 23, which it deems is necessary to waive to assure the success of the program authorized by this chapter. (Amended by Stats. 2006, Ch. 538, Sec. 127. Effective January 1, 2007.)
  159. 58409.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    District evaluation and reporting requirements under this chapter do not override other legal 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 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Individual Instruction [58400 - 58409] ( Chapter 2 enacted by Stats. 1976, Ch. 1010. ) ## 58409. District evaluation and reporting requirements required by this article shall not supersede other legal requirements. It is the intent of the Legislature, however, that the State Board of Education and the Department of Education make every effort to use the evaluation and reporting requirements under this chapter in fulfilling any other legal requirements in order to minimize the administrative burdens on the school district. (Enacted by Stats. 1976, Ch. 1010.)
  160. 58500.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may establish and maintain one or more alternative schools in the district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## 58500. The governing board of any school district may establish and maintain one or more alternative schools within the district. For the purposes of this article, an alternative school is defined as a school or separate class group within a school which is operated in a manner designed to: (a) Maximize the opportunity for students to develop the positive values of self-reliance, initiative, kindness, spontaneity, resourcefulness, courage, creativity, responsibility, and joy. (b) Recognize that the best learning takes place when the student learns because of his desire to learn. (c) Maintain a learning situation maximizing student self-motivation and encouraging the student in his own time to follow his own interests. These interests may be conceived by him totally and independently or may result in whole or in part from a presentation by his teachers of choices of learning projects. (d) Maximize the opportunity for teachers, parents and students to cooperatively develop the learning process and its subject matter. This opportunity shall be a continuous, permanent process. (e) Maximize the opportunity for the students, teachers, and parents to continuously react to the changing world, including but not limited to the community in which the school is located. (Enacted by Stats. 1976, Ch. 1010.)
  161. 58501.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section requires a notice about alternative schools to be sent with the parent/guardian notification and posted in each attendance unit during March.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## 58501. The following notice shall be sent along with the notification of parents and guardians required by Section 48980: “Notice of Alternative Schools California state law authorizes all school districts to provide for alternative schools. Section 58500 of the Education Code defines alternative school as a school or separate class group within a school which is operated in a manner designed to: (a) Maximize the opportunity for students to develop the positive values of self-reliance, initiative, kindness, spontaneity, resourcefulness, courage, creativity, responsibility, and joy. (b) Recognize that the best learning takes place when the student learns because of his desire to learn. (c) Maintain a learning situation maximizing student self-motivation and encouraging the student in his own time to follow his own interests. These interests may be conceived by him totally and independently or may result in whole or in part from a presentation by his teachers of choices of learning projects. (d) Maximize the opportunity for teachers, parents and students to cooperatively develop the learning process and its subject matter. This opportunity shall be a continuous, permanent process. (e) Maximize the opportunity for the students, teachers, and parents to continuously react to the changing world, including but not limited to the community in which the school is located. In the event any parent, pupil, or teacher is interested in further information concerning alternative schools, the county superintendent of schools, the administrative office of this district, and the principal’s office in each attendance unit have copies of the law available for your information. This law particularly authorizes interested persons to request the governing board of the district to establish alternative school programs in each district.” Further, a copy shall be posted in at least two places normally visible to pupils, teachers, and visiting parents in each attendance unit for the entire month of March in each year. (Amended by Stats. 1981, Ch. 469, Sec. 3.)
  162. 58502.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A parent or guardian of a pupil may ask a school district’s governing board to establish one or more alternative school programs in the district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## 58502. The parent or guardian of any pupil may request the governing board of a school district to establish an alternative school program or programs in the district pursuant to this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  163. 58503.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Teachers employed and students enrolled in the alternative school must be selected entirely from volunteers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## 58503. Teachers employed and students enrolled in the alternative school shall be selected entirely from volunteers. (Enacted by Stats. 1976, Ch. 1010.)
  164. 58504.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Previous classroom performance may not be used to limit a student’s opportunity to attend an alternative 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 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## 58504. Previous classroom performance shall not be a criterion limiting any student from the opportunity of attending an alternative school. (Enacted by Stats. 1976, Ch. 1010.)
  165. 58505.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A district may establish alternative schools in attendance areas or districtwide, and enrollment must be open to all students districtwide.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## 58505. A district may establish alternative schools in each attendance area or on a districtwide basis, with enrollment open to all students districtwide, or any combination thereof. (Amended by Stats. 1977, Ch. 911.)
  166. 58507.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Alternative schools must be run to improve curriculum and education, and the school district must fund and maintain them at the same support level as comparable 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 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## 58507. Alternative schools shall be operated in a manner to maximize the opportunity for improvement of the general school curriculum by innovative methods and ideas developed within the alternative school operation and to improve the general level of education in the State of California as provided in Section 58510. Any alternative school shall be maintained and funded by the school district at the same level of support as other educational programs for children of the same age level operated by the district. (Enacted by Stats. 1976, Ch. 1010.)
  167. 58509.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction may waive Code provisions for alternative schools, but not earthquake-safety provisions or this chapter, and only when a school district 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 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## 58509. For the operation of alternative schools as herein defined, the Superintendent of Public Instruction may, upon application of a school district, waive any provisions of this code other than those relating to earthquake safety and the provisions of this chapter. (Amended by Stats. 1978, Ch. 380.)
  168. 58510.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Districts operating an alternative school must evaluate it each year and send the evaluation report to the Superintendent of Public Instruction by August 1 of the following 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 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## 58510. Each district operating an alternative school shall annually evaluate such school. The evaluation shall include testing of basic skills for student participants, and must identify the variables which may have affected student academic achievement. The process of evaluation shall also include teacher, parent, and student input from the alternative school itself. These evaluation reports shall be sent to the Superintendent of Public Instruction on or before August 1st of the following year and shall be annually reviewed by persons designated by the superintendent who are not employed by the district operating the alternative school under review. (Amended by Stats. 1977, Ch. 911.)
  169. 58511.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must establish minimum standards for implementing the definition of alternative schools, and may also set further guidelines needed to administer 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 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## 58511. The Superintendent of Public Instruction shall establish minimum standards to further implement the definition of alternative schools as used in Section 58500 and may also establish such further guidelines as may be deemed by him necessary to the proper administration of this article. (Enacted by Stats. 1976, Ch. 1010.)
  170. 58512.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district board may provide transportation for students attending an alternative school, or instead may pay parents or guardians up to the cost of actual and necessary travel.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Alternative Schools [58500 - 58512] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## 58512. The governing board of a school district maintaining an alternative school may provide in whole or in part for the transportation of a pupil attending the alternative school. In lieu of providing such transportation, the governing board may pay to the parents or guardian of the pupil a sum not to exceed the cost of actual and necessary travel incurred in transporting such pupils in cases where transportation is provided by or paid for by the parents or guardian; provided, that in no case shall the district’s state apportionment for transportation expenses be increased because of the operation of an alternative school. (Enacted by Stats. 1976, Ch. 1010.)
  171. 58800.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. )

    Verify source ↗

    The Legislature states that this chapter is intended to help establish specialized high schools for advanced instruction in high technology and the performing arts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. ) ## 58800. It is the intent of the Legislature in enacting this chapter to assist in the establishment of specialized high schools in the state to provide advanced instruction and training in high technology fields and in the performing arts. The Legislature recognizes that the establishment of these specialized high schools will benefit the state economy by providing opportunities to talented pupils to obtain enhanced learning opportunities in high technology fields and in the performing arts while enrolled in schools located in school districts in close proximity to areas in which these industries are located. The Legislature also recognizes that the high technology specialized high schools established under this chapter will enable the faculty providing instruction in these schools to develop model curricula of general application in the fields of mathematics, science, performing arts, and computer technology to be made available to other school districts in the public school system. (Amended by Stats. 1987, Ch. 106, Sec. 1.)
  172. 58801.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. )

    Verify source ↗

    Some school districts and related local education bodies may propose specialized secondary schools to the Superintendent of Public Instruction, and the Superintendent must allocate startup funds beginning in the 1984–85 fiscal 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 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. ) ## 58801. Any school district operating one or more high schools, or any consortium of school districts that operate one or more high schools, or any county superintendent of schools, or any county board of education, may submit a proposal to the Superintendent of Public Instruction to establish a school or schools with specialized curricula in high technology, performing arts, or other special curricular areas, for pupils in grades 9 through 12. School districts that submit proposals as a consortium shall agree to accept pupils from each district in the consortium at the specialized school. The Superintendent of Public Instruction shall, commencing with the 1984–85 fiscal year, allocate funds for startup costs of these specialized secondary schools or programs. (Amended by Stats. 1985, Ch. 831, Sec. 1. Effective September 19, 1985.)
  173. 58801.5.

    ## 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 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. )

    Verify source ↗

    Eligible entities may compete for startup-cost funding even if they received funding in a prior year; the section’s funds must supplement, not replace, Section 58801 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 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. ) ## 58801.5. Entities eligible for funding of startup costs pursuant to Section 58801 shall be eligible to compete for funding for startup costs regardless of funding in any prior year. Receipt of funds for additional startup costs shall be based upon the addition of new program offerings. Funds provided pursuant to this section shall supplement, and shall not supplant, funds provided pursuant to Section 58801. (Added by Stats. 1987, Ch. 676, Sec. 1.)
  174. 58801.6.

    ## 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 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. )

    Verify source ↗

    The Superintendent of Public Instruction must apportion available Budget Act funds for certain specialized secondary programs, and the funds must be distributed equally among eligible specialized secondary 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 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. ) ## 58801.6. The Superintendent of Public Instruction shall apportion funds as available from the annual Budget Act for support of specialized secondary programs established prior to the 1991–92 fiscal year that operate in conjunction with the California State University. Funds apportioned pursuant to this section shall be distributed equally among eligible specialized secondary schools. (Added by Stats. 1992, Ch. 563, Sec. 2. Effective January 1, 1993.)
  175. 58802.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. )

    Verify source ↗

    Faculty members in specialized secondary programs must develop model curricula, and the Superintendent of Public Instruction must make them available to other school districts in the state.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. ) ## 58802. Faculty members providing instruction in specialized secondary programs shall develop model curricula which the Superintendent of Public Instruction shall make available to other school districts in the state. (Amended by Stats. 1994, Ch. 922, Sec. 166. Effective January 1, 1995.)
  176. 58803.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. )

    Verify source ↗

    Specialized secondary programs may hire certain noncredentialed teachers, but continued service depends on a certificate of clearance issued within 60 days after hiring. School district governing boards using these teachers must also report annually to the Superintendent of Public Instruction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. ) ## 58803. Notwithstanding any other provision of law, specialized secondary programs may select as teachers noncredentialed persons who possess unique talents or skills from business, performing arts, or postsecondary institutions. No noncredentialed person shall be retained as a teacher in a specialized secondary program unless, within 60 days after the governing board has hired such a person, the Commission on Teacher Credentialing has issued a certificate of clearance for him or her, which the commission shall issue when it has verified the person’s personal identification and good moral character. Each school district governing board that employs noncredentialed persons to teach in specialized secondary programs shall annually report to the Superintendent of Public Instruction the number of those persons employed, the subjects they are employed to teach, and the unique talents and skills they possess. (Added by Stats. 1983, Ch. 498, Sec. 112. Effective July 28, 1983.)
  177. 58804.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. )

    Verify source ↗

    The Superintendent of Public Instruction must allocate certain funds to county education officials for approved specialized secondary schools, and the residence district must not count a pupil’s attendance in the Section 42238 attendance calculation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. ) ## 58804. From the funds appropriated by the Legislature for the purposes of Section 42238, the Superintendent of Public Instruction shall make allocations for the purposes of this chapter to county superintendents of schools, and county boards of education, operating approved specialized secondary schools, as follows: (a) For the 1985–86 fiscal year, and for each fiscal year thereafter, in lieu of the funding calculation set forth in Section 42238, the revenue limit for each county superintendent of schools, or county board of education, operating one or more specialized secondary schools shall be calculated by multiplying the average daily attendance for the school or schools by the statewide average base revenue limit per unit of average daily attendance, for high school districts, as computed under paragraph (2) of subdivision (d) of Section 42238. (b) The school district of residence of any pupil enrolled in a specialized secondary school operated by a county superintendent of schools or county board of education shall not include the attendance of that pupil in any computation of average daily attendance for purposes of Section 42238. (Added by Stats. 1985, Ch. 831, Sec. 2. Effective September 19, 1985.)
  178. 58804.2.

    ## 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 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. )

    Verify source ↗

    Each specialized secondary school covered by this section must evaluate its program every year, starting with the 1992-93 academic 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 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. ) ## 58804.2. Commencing with the 1992–93 academic year, each specialized secondary school operated pursuant to Section 58801.6 shall annually evaluate the success of its program as follows: (a) The program shall be deemed successful if it meets all of the following: (1) Eighty percent of the pupils participating in the program pursue either postsecondary education or additional professional training in their chosen fields of study after graduation from high school. (2) Eighty percent of the pupils that remain in the program complete their high school education. (b) The program shall also be evaluated based on an assessment of other factors including, but not limited to, the following: (1) Increased pupil, parent, community, professional and business community, and school employee satisfaction with pupil learning, school organization, and school governance and management. (2) Counseling and other support services that enhance the program and the success of the pupils. (3) Improvement in the academic performance of pupils as measured by grade point average or other appropriate standards of achievement. (Amended by Stats. 1993, Ch. 1296, Sec. 32. Effective October 11, 1993.)
  179. 58805.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. )

    Verify source ↗

    This section lets the Superintendent of Public Instruction and certain school governing boards form an academy of visual and performing arts, and limits certain students to one unit of average daily attendance in a 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 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. ) ## 58805. (a) The Superintendent of Public Instruction may enter into an interagency agreement with a consortium of two or more school districts to establish an academy of visual and performing arts to operate specialized secondary school programs in visual and performing arts that are conducted outside the regular schoolday, subject to this chapter. (b) The governing boards of any two or more school districts or county offices of education may enter into the consortium described in subdivision (a). The academy established by this section shall be governed, subject to the interagency agreement provided for by subdivision (a), by a five-member governing board which shall be made up of 3 members representing the consortium who shall be superintendents or their designees of school districts or county offices of education with the largest student participation; and two members appointed by the Foundation for the Academy of Performing and Visual Arts. The authority of the board to operate the academy shall include, but not be limited to, the following: (1) The appointment of a director to develop and administer the academy and the specialized secondary school programs operated by the academy. (2) The execution of an agreement with any urban campus of a college or university with a means for assisting in the development of similar programs at other campuses or universities on a statewide basis, for the use of the educational resources of that campus for the purposes of this section. (3) Responsibility over the fiscal accountability of the academy. (c) For the purposes of subdivision (e) of Section 46300, the off-campus participation, by a pupil in any of the grades 9 to 12, inclusive, in any program of visual or performing arts operated under this section may be authorized as an independent study program in accordance with Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28. In no event shall a pupil concurrently enrolled in an independent study program and in a regular comprehensive high school or junior high school generate, for the purposes of Section 46300, more than one unit of average daily attendance per school year. (Added by Stats. 1986, Ch. 1315, Sec. 1.)
  180. 58806.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. )

    Verify source ↗

    A specialized secondary school operated by a county superintendent is treated as a school district for certain funding purposes. If it counts a pupil in summer school enrollment, it must notify the pupil’s original district, and that district must not count the pupil in its summer school enrollment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] ( Part 31 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Specialized Secondary Programs [58800 - 58806] ( Chapter 6 added by Stats. 1983, Ch. 498, Sec. 112. ) ## 58806. A specialized secondary school operated by a county superintendent of schools under this chapter shall be considered a school district by the Superintendent of Public Instruction for purposes of receiving funds pursuant to Sections 42239 and 42239.5 of the Education Code. If a specialized secondary school counts a pupil in its summer school enrollment, the school shall notify the pupil’s school district of original attendance, and that school district shall not count that pupil in its summer school enrollment. (Added by Stats. 1990, Ch. 448, Sec. 1. Effective July 31, 1990.)
  181. 59000.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says there are two state schools for the deaf: one in Northern California and one in Southern California.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 59000. There are two state schools for the deaf, known and designated as the California School for the Deaf, Northern California, and the California School for the Deaf, Southern California. The term “California School for the Deaf” shall refer to both schools unless the context otherwise requires. (Enacted by Stats. 1976, Ch. 1010.)
  182. 59001.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The California School for the Deaf is part of the state public school system, but it does not receive revenue from the State School Fund.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 59001. The California School for the Deaf is part of the public school system of the state except that it derives no revenue from the State School Fund, and has for its object the education of the deaf who, because of their severe hearing loss and educational needs, cannot be provided an appropriate educational program and related services in the regular public schools. (Amended by Stats. 1977, Ch. 1247.)
  183. 59001.2.

    ## 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 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Legislature declares that deaf and hard-of-hearing pupils should receive educational programs that are accessible, staffed by trained personnel, support their primary language, involve parents, and address vocational 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 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 59001.2. The Legislature finds and declares all of the following: (a) It is essential for the well-being and growth of deaf and hard-of-hearing pupils that educational programs recognize the unique nature of deafness and ensure that all deaf and hard-of-hearing pupils have appropriate, ongoing, and fully accessible educational opportunities. (b) It is essential that a deaf or hard-of-hearing pupil obtain an education in which special education teachers, psychologists, speech therapists, assessors, administrators, and other school and residential program personnel understand the unique nature of deafness and are trained to work with a deaf or hard-of-hearing pupil. (c) It is essential that a deaf or hard-of-hearing pupil obtain an education in which his or her special education teachers are proficient in the primary language mode of that pupil. (d) It is essential that a deaf or hard-of-hearing pupil obtain an education in which his or her parents are involved in determining the extent, content, and purpose of programs. (e) It is essential that a deaf or hard-of-hearing pupil, like all pupils, have programs in which his or her unique vocational needs are provided for, including appropriate research, curricula, programs, staff, and outreach. (f) Each deaf or hard-of-hearing pupil should receive an education that allows him or her to master a primary language. (Added by Stats. 2003, Ch. 865, Sec. 1. Effective January 1, 2004.)
  184. 59001.4.

    ## 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 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The provision states the Legislature’s intent that California School for the Deaf programs provide specified educational, assessment, staffing, and access features.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 59001.4. It is the intent of the Legislature that programs at the California School for the Deaf provide all of the following: (a) Each pupil should be assured an education appropriate to his or her needs in publicly supported programs through completion of his or her prescribed course of study or until the time that he or she has met proficiency standards. (b) Each pupil should have his or her educational goals, objectives, special education, and related services specified in a written individualized education program. (c) Procedures and materials for assessment and placement of individuals with exceptional needs should be selected and administered so as not to be racially, culturally, or sexually discriminatory. No single assessment instrument should be the sole criterion for determining placement of a pupil. The procedures and materials for assessment and placement should be in the individual’s mode of communication. All assessment materials and procedures should be selected and administered pursuant to Section 56320. (d) Psychological and health services for individuals with exceptional needs should be available to each schoolsite. (e) Continuous evaluation of the effectiveness of these education programs should be made to ensure the highest quality educational offerings. (f) Appropriate qualified staff should be employed, consistent with credentialing requirements, to fulfill the educational responsibilities, and positive efforts are made to employ qualified deaf and hard-of-hearing individuals. (g) Educational and residential program personnel should be adequately prepared to provide educational instruction and services to individuals with exceptional needs in the appropriate communication mode, including American Sign Language. (h) There should be appropriate access to information and training in American Sign Language for parents and pupils to ensure that they are able to appropriately communicate with their families. (Added by Stats. 2003, Ch. 865, Sec. 2. Effective January 1, 2004.)
  185. 59002.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The California Schools for the Deaf are administered by the State Department of Education, and the Superintendent of Public Instruction must provide assessments and recommendations, maintain an elementary program, and serve as a regional secondary program.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 59002. The California Schools for the Deaf are under the administration of the State Department of Education. The Superintendent of Public Instruction, in connection with the California Schools for the Deaf, shall do all of the following: (a) Provide educational assessments and individual educational recommendations for individuals who are referred for those services pursuant to Section 56326. (b) Maintain a comprehensive elementary educational program, including related services, for deaf individuals. (c) Serve as a regional secondary educational program providing a comprehensive secondary education, including a full-range academic curriculum, appropriate prevocational and vocational preparation opportunities, and nonacademic and extracurricular activities. (Amended by Stats. 1992, Ch. 759, Sec. 50. Effective September 21, 1992.)
  186. 59002.5.

    ## 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 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction may work with public and private agencies to carry out listed activities for the California Schools for the Deaf.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 59002.5. The Superintendent of Public Instruction, in connection with the California Schools for the Deaf and in cooperation with public and private agencies, may do one or more of the following: (a) Serve as a demonstration school to promote personnel development through student teaching, in-service education, internships, professional observations for special education and related services personnel in cooperation with institutions of higher education and local education agencies. (b) Serve as a resource center to develop and disseminate special curriculum, media teaching methods, and instructional materials adapted for deaf individuals, achievement tests and other assessment methods useful to the instruction of deaf individuals. (c) Provide counseling and information services for parents, guardians, and families of deaf individuals, and public information about deafness to community groups and other agencies. (d) Conduct experimental programs and projects to promote improvement in special education for deaf individuals. (e) Promote and coordinate community and continuing education opportunities for deaf individuals utilizing existing community resources. (Amended by Stats. 1992, Ch. 759, Sec. 51. Effective September 21, 1992.)
  187. 59003.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Department of Education must manage the California Schools for the Deaf by making rules, appointing staff, removing officers or employees for cause, and setting compensation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 59003. The State Department of Education in relation to the California Schools for the Deaf shall: (a) Prescribe rules for the government of the schools. (b) Appoint the superintendents and other officers and employees. (c) Remove for cause any officer, teacher, or employee. (d) Fix the compensation of officers, teachers, and employees. (Amended by Stats. 1992, Ch. 759, Sec. 51.5. Effective September 21, 1992.)
  188. 59004.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The school superintendent must have at least three years of experience teaching the deaf and must hold a credential from the State Board of Education for teaching secondary schools in California.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 59004. The superintendent of the school shall have had not less than three years’ experience in the art of teaching the deaf and shall hold a credential issued by the State Board of Education authorizing him to teach in secondary schools of this state. (Enacted by Stats. 1976, Ch. 1010.)
  189. 59005.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction assigns the powers and duties of the schools’ superintendents.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 59005. The powers and duties of the superintendents of the schools are such as are assigned by the Superintendent of Public Instruction. (Amended by Stats. 1992, Ch. 759, Sec. 51.7. Effective September 21, 1992.)
  190. 59006.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction may authorize teacher training courses for the California Schools for the Deaf, and must set admission and course 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 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 59006. The Superintendent of Public Instruction may authorize the California Schools for the Deaf to establish and maintain teacher training courses designed to prepare teachers of the public schools and such other persons holding a credential issued by the State Board of Education as are recommended by the president of a campus of the California State University, to give instruction to the deaf and the hard of hearing. The Superintendent of Public Instruction shall prescribe standards for the admission of persons to the courses, and for the content of the courses. The California Schools for the Deaf may enter into agreements with the Trustees of the California State University, the University of California, or any other university or college accredited by the State Board of Education as a teacher training educational institution, to provide practice teaching required for issuance of the credential authorizing the holder to teach the deaf and severely hard of hearing. The agreement may provide a reasonable payment, for services rendered, to teachers of the California Schools for the Deaf who have practice teachers under their direction. (Amended by Stats. 1992, Ch. 759, Sec. 52. Effective September 21, 1992.)
  191. 59007.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Department of Education may hire certain retired, otherwise qualified people as substitutes at the California Schools for the Deaf.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 59007. The State Department of Education may employ any person, otherwise qualified, who has retired for service under either the Public Employees’ Retirement System or the State Teachers’ Retirement System as a substitute in a position requiring certification qualifications at the California Schools for the Deaf, except that the total of that service and any service rendered pursuant to Section 23919 shall not exceed 90 teaching days in any one fiscal year. (Amended by Stats. 1992, Ch. 759, Sec. 52.5. Effective September 21, 1992.)
  192. 59008.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The Department of Human Resources must consider making California School for the Deaf salaries competitive with pay for similarly qualified teachers, specialists, and administrators in the surrounding school districts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 59008. (a) The Department of Human Resources shall consider making salaries for teachers, specialists, and administrators of the California School for the Deaf competitive with the salaries of similarly qualified school teachers, specialists, and administrators who are employed by the encompassing school districts. (b) For purposes of this section, “teachers,” “teacher specialists,” and “administrators” mean those individuals who hold the appropriate teaching, service, or teaching and administrative credential, as appropriate, as issued by the Commission on Teacher Credentialing, as determined by the employing state agency. (Amended by Stats. 2012, Ch. 665, Sec. 10. (SB 1308) Effective January 1, 2013.)
  193. 59009.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The department may require certain California School for the Deaf workers and applicants to undergo a fingerprint-based criminal background check, and it must send fingerprint information to the Department of Justice for those checks.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 1. Administration [59000 - 59009] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 59009. (a) The department may require employees, prospective employees, volunteers, contractors, and subcontractors for the California School for the Deaf, as defined in Section 59000, to undergo a fingerprint-based state and national criminal history background check. (b) The department shall electronically submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (Added by Stats. 2025, Ch. 113, Sec. 23. (SB 160) Effective September 17, 2025.)
  194. 59020.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 2. Pupils [59020 - 59031] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Some deaf residents ages 3 to 21 who meet the section’s criteria are entitled to free education at the California School for the Deaf.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 2. Pupils [59020 - 59031] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 59020. Every deaf person between the ages of 3 and 21 years, who is a resident of the state and who meets the criteria set forth in this section, is entitled to an education in the California School for the Deaf free of charge. Priority in admission to the California School for the Deaf shall be given to elementary age deaf minors residing in sparsely populated regions and to secondary age deaf minors in need of a high school program, for whom appropriate comprehensive educational facilities and services are not available or cannot be reasonably provided by their local school districts or county educational agencies. The criteria of admission to California Schools for the Deaf and Blind shall be administratively determined by the Superintendent of Public Instruction. (Enacted by Stats. 1976, Ch. 1010.)
  195. 59023.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 2. Pupils [59020 - 59031] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A parent or guardian who cannot pay certain school-related costs may apply to the superior court for a certificate, and the court must issue it if satisfied the person cannot pay.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 2. Pupils [59020 - 59031] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 59023. If the parent or guardian of any pupil in the school is unable either himself or from the estate of the child to clothe the child, or pay for its transportation to and from school, or for necessary dental work, eye care, operations, and hospitalization of the child while at the school, or is unable either himself or from the estate of the child to reimburse the Department of Education for expenses incurred by it in providing dental work, eye care, operations, or hospitalization for the child in an emergency, the parent or guardian may apply for a certificate to that effect to the superior court of the county of which the parent or guardian of the child is a resident. If the court is satisfied that the parent or guardian either himself or from the estate of the child is unable to pay for any such service, it shall issue a certificate to that effect. The application for the certificate may also be made to the court by the superintendent of the school. (Enacted by Stats. 1976, Ch. 1010.)
  196. 59024.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 2. Pupils [59020 - 59031] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    If the court finds the parent or guardian can pay, or the child’s estate has enough funds, the court must not issue the certificate and must instead order service or reimbursement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 2. Pupils [59020 - 59031] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 59024. If it appears to the satisfaction of the court that the parent or guardian has sufficient pecuniary ability or that there are sufficient funds in the estate of the child to provide the service for the child or to reimburse the Department of Education for expenses incurred by it in providing the service for the child in an emergency, the court shall not issue the certificate, but shall, according to the nature of the application before it, either order the superintendent to provide the child with the service or order the parent or guardian either himself or from the estate of the child, as the court determines, to reimburse the Department of Education for expenses incurred by it in providing the service for the child in an emergency. (Enacted by Stats. 1976, Ch. 1010.)
  197. 59025.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 2. Pupils [59020 - 59031] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    If the parent or guardian fails to reimburse the Department of Education or comply with a reimbursement order, the superintendent may sue to recover the money.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 2. Pupils [59020 - 59031] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 59025. If the Department of Education is not reimbursed by the parent or guardian personally or from the estate of the child for expenditures made by the superintendent under the order of the court or if the parent or guardian does not comply with an order of the court to reimburse the Department of Education either personally or from the estate of the child for expenses incurred by it in providing the service for the child in an emergency, the superintendent may sue the parent or guardian, in the name of the state, to recover any money paid out by order of the court or due the Department of Education as reimbursement under an order of the court. (Enacted by Stats. 1976, Ch. 1010.)
  198. 59026.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 2. Pupils [59020 - 59031] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Covered education-related expenses are charged to the county, and clothing/transportation spending is capped at $385 for 1974–75 before later annual CPI adjustment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 2. Pupils [59020 - 59031] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 59026. All money expended under the authority of any such certificate for clothing and transportation, necessary dental work, eye care, operations, and hospitalization, and all money expended by the Department of Education for expenses incurred by it in providing dental work, eye care, operations, or hospitalization for the child in an emergency for which the Department of Education cannot be reimbursed by the parent or guardian of the child as shown by the certificate, constitutes a legal charge against the county from which the certificate is issued. Expenditures for clothing and transportation shall not exceed the sum of three hundred eighty-five dollars ($385) for the 1974–75 school year, and an amount thereafter which shall be adjusted annually in conformance with the Consumer Price Index, all items, of the Bureau of Labor Statistics of the United States Department of Labor, measured for the calendar year next preceding the fiscal year to which it applies. The State Controller shall determine the amount authorized pursuant to this section for the 1975–76 school year and thereafter. (Enacted by Stats. 1976, Ch. 1010.)
  199. 59027.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 2. Pupils [59020 - 59031] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    If a certificate shows a child’s parent or guardian cannot provide clothes, transportation, or specified medical and dental care, the school superintendent must provide those services, and the Department of Education must advance the expense from school-support 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 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 2. Pupils [59020 - 59031] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 59027. The certificate shall be presented to the superintendent of the school. When the certificate shows that the parent or guardian of the child is unable either himself or from the estate of the child to clothe the child, or pay for his transportation to and from school, or for necessary dental work, eye care, operations, and hospitalization of the child while in school, the superintendent shall clothe the child and provide the transportation, necessary dental work, eye care, operations, and hospitalization. The expense of the services, or any of them, shall be advanced by the Department of Education out of money appropriated for the support of the school. (Enacted by Stats. 1976, Ch. 1010.)
  200. 59028.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] ( Division 4 enacted by Stats. 1976, Ch. 1010. ) ## PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 2. Pupils [59020 - 59031] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A sworn itemized claim must be presented to the county, and the claim must then be processed and paid under the specified Government Code 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 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] ( Heading of Part 32 amended by Stats. 1992, Ch. 759, Sec. 48. ) ## CHAPTER 1. California Schools for the Deaf [59000 - 59054] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 759, Sec. 49. ) ## ARTICLE 2. Pupils [59020 - 59031] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 59028. Upon presentation to the county in which the certificate is issued, of an itemized claim, duly sworn to by the superintendent of the school before an officer authorized to administer oaths, for the expense for clothing, transportation, and other items provided and furnished under the authority of the certificate, or for the reimbursement of the Department of Education, the claim shall be processed and paid pursuant to the provisions of Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of the Government Code. The amount paid and all reimbursements of the Department of Education under this section shall be credited to the current appropriation for the support and maintenance of the school. (Enacted by Stats. 1976, Ch. 1010.)

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