PART 30. SPECIAL EDUCATION PROGRAMS [56000. - 56865.]
Part 30 repealed and added by Stats. 1980, Ch. 797, Sec. 9.
§§ 56000–56865 · 401 sections
CHAPTER 1. General Provisions §§ 56000–56070 · 52 sections
ARTICLE 1. Intent §§ 56000–56001 · 3 sections
- § 56000 (a) The Legislature finds and declares that all individuals with exceptional needs have a right to participate in free appropriate public education and special…
- § 56000.5 (a) The Legislature finds and declares that: (1) Pupils with low-incidence disabilities, as a group, make up less than 1 percent of the total statewide…
- § 56001 It is the intent of the Legislature that special education programs provide all of the following: (a) Each individual with exceptional needs is assured an…
ARTICLE 2. Definitions §§ 56020–56035 · 26 sections
- § 56020 As used in this part, the definitions prescribed by this article apply unless the context otherwise requires.
- § 56020.5 “Assistive technology device,” as provided in paragraph (1) of Section 1401 of Title 20 of the United States Code, means any item, piece of equipment, or…
- § 56021 “Board” means the State Board of Education.
- § 56021.1 “Consent,” as provided in Section 300.9 of Title 34 of the Code of Federal Regulations, means all of the following: (a) The parent or guardian has been fully…
- § 56022 “County office” means office of the county superintendent of schools.
- § 56023 “Day” means a calendar day.
- § 56024 “Department” means the Department of Education.
- § 56025 “District” means school district.
- § 56026 “Individuals with exceptional needs” means those persons who satisfy all the following: (a) Identified by an individualized education program team as a child…
- § 56026.1 (a) As provided in Section 300.102(a)(3)(i) of Title 34 of the Code of Federal Regulations, an individual with exceptional needs who graduates from high school…
- § 56026.2 “Language mode” means the method of communication used by hard-of-hearing and deaf children that may include the use of sign language to send or receive…
- § 56026.3 “Local educational agency” means a school district, a county office of education, a nonprofit charter school participating as a member of a special education…
- § 56026.5 “Low incidence disability” means a severe disabling condition with an expected incidence rate of less than one percent of the total statewide enrollment in…
- § 56027 “Local plan” means a plan that meets the requirements of Chapter 2.5 (commencing with Section 56195) and Chapter 3 (commencing with Section 56205) and that is…
- § 56028 (a) “Parent” means any of the following: (1) A biological or adoptive parent of a child. (2) A foster parent if the authority of the biological or adoptive…
- § 56028.3 “Prone restraint” means the application of a behavioral restraint on a pupil in a facedown position for any period of time and includes the procedure known as…
- § 56028.5 “Public agency” means a school district, county office of education, special education local plan area, a nonprofit public charter school that is not otherwise…
- § 56029 “Referral for assessment” means any written request for assessment to identify an individual with exceptional needs made by any of the following: (a) A parent…
- § 56030 “Responsible local agency” means the school district or county office of education designated in the local plan as the administrative entity the duties of…
- § 56030.5 “Severely disabled” means individuals with exceptional needs who require intensive instruction and training in programs serving pupils with the following…
- § 56031 (a) “Special education,” in accordance with Section 1401(29) of Title 20 of the United States Code, means specially designed instruction, at no cost to the…
- § 56032 “Individualized education program” means a written document described in Sections 56345 and 56345.1 for an individual with exceptional needs that is developed,…
- § 56033 “Superintendent” means the Superintendent of Public Instruction.
- § 56033.5 “Supplementary aids and services,” as provided in Section 1401(33) of Title 20 of the United States Code and in Section 300.42 of Title 34 of the Code of…
- § 56034 “Nonpublic, nonsectarian school” means a private, nonsectarian school that enrolls individuals with exceptional needs pursuant to an individualized education…
- § 56035 “Nonpublic, nonsectarian agency” means a private, nonsectarian establishment or individual that provides related services necessary for an individual with…
ARTICLE 3. General Provisions §§ 56040–56049.1 · 14 sections
- § 56040 (a) Every individual with exceptional needs who is eligible to receive special education instruction and related services under this part, shall receive that…
- § 56040.1 In accordance with Section 1412(a)(5) of Title 20 of the United States Code and Section 300.114 of Title 34 of the Code of Federal Regulations, each public…
- § 56040.3 (a) Pursuant to Section 300.105 of Title 34 of the Code of Federal Regulations, a local educational agency shall provide, on a case-by-case basis, the use of…
- § 56040.5 (a) State and local educational agency personnel are prohibited, pursuant to paragraph (25) of subsection (a) of Section 1412 of Title 20 of the United States…
- § 56040.6 (a) Consistent with state and federal law, implementing inclusion and universal design for learning initiatives for pupils 0 to 22 years of age, inclusive, a…
- § 56041 Except for those pupils meeting residency requirements for school attendance specified in subdivision (a) of Section 48204, and notwithstanding any other…
- § 56041.5 When an individual with exceptional needs reaches the age of 18, with the exception of an individual who has been determined to be incompetent under state law,…
- § 56042 Notwithstanding any other provision of law, an attorney or advocate for a parent of an individual with exceptional needs shall not recommend placement in a…
- § 56043 The primary timelines affecting special education programs are as follows: (a) A proposed assessment plan shall be developed within 15 calendar days of…
- § 56045 (a) The Superintendent shall send a notice to the governing board of each local educational agency within 30 days of when the Superintendent determines any of…
- § 56046 (a) An employee of a local educational agency shall not directly or indirectly use or attempt to use the official authority or influence of the employee for…
- § 56048 The superintendent shall review the information and calculations submitted by special education local plan areas in support of all apportionment computations…
- § 56049 The Legislature finds and declares all of the following: (a) All pupils are general education pupils first, including pupils with disabilities. (b)…
- § 56049.1 (a) On or before November 30, 2023, the department shall publish data related to federal measures of least restrictive environment for pupils with disabilities…
ARTICLE 3.5. Surrogate Parents § 56050 · 1 section
- § 56050 (a) For the purposes of this article, “surrogate parent” shall be defined as it is defined in Section 300.519 of Title 34 of the Code of Federal Regulations.…
ARTICLE 3.7. Foster Parents § 56055 · 1 section
- § 56055 (a) (1) Except as provided in subdivisions (b), (c), and (d), a foster parent may exercise, to the extent permitted by federal law, including, but not limited…
ARTICLE 3.9. Qualifications for Special Education Teachers §§ 56058–56059 · 2 sections
- § 56058 Special education teachers providing instruction and educational services under this part shall meet the same “highly qualified” requirements, as defined in…
- § 56059 (a) This part does not create a right of action on behalf of an individual with exceptional needs or class of pupils for failure of a state or local…
ARTICLE 4. Substitute Teachers §§ 56060–56063 · 4 sections
- § 56060 A noncredentialed person shall not substitute for any special education certificated position.
- § 56061 A person holding a valid credential authorizing substitute teaching may serve as a substitute for the appropriately credentialed special education teacher as…
- § 56062 The employer shall use the following priorities in placing substitute teachers in special education classrooms: (a) A substitute teacher with the appropriate…
- § 56063 The employer shall be responsible for seeking, and maintaining lists of, appropriately credentialed substitute teachers. The employer shall contact…
ARTICLE 5. Qualifications for Designated Instruction and Services Personnel, Related Services Personnel, and Paraprofessionals § 56070 · 1 section
- § 56070 (a) In accordance with Section 1412(a)(14)(A), (B), and (D) of Title 20 of the United States Code and Section 300.156(a), (b), and (d) of Title 34 of the Code…
CHAPTER 2. Administration §§ 56100–56194 · 56 sections
ARTICLE 1. State Board of Education §§ 56100–56101 · 2 sections
- § 56100 The board shall do all of the following: (a) Adopt rules and regulations necessary for the efficient administration of this part. (b) Adopt criteria and…
- § 56101 (a) A public agency, as defined in Section 56028.5, may request the board to grant a waiver of any provision of this code or regulations adopted pursuant to…
ARTICLE 2. Superintendent of Public Instruction §§ 56120–56138 · 18 sections
- § 56120 The superintendent shall administer the provisions of this part.
- § 56121 The superintendent shall grant approval of the organization of the local plans within each county.
- § 56122 (a) The Superintendent shall establish guidelines for the development of local plans, including a standard format for local plans, and provide assistance in…
- § 56123 The superintendent shall review and recommend to the board for approval, local plans developed and submitted in accordance with this part.
- § 56124 The superintendent shall promote innovation and improvement in the field of special education at the public and nonpublic, nonsectarian school, district,…
- § 56125 (a) The Superintendent shall monitor, provide technical assistance, and enforce the provisions of this part pursuant to Section 56600.6. (b) The Superintendent…
- § 56126 The superintendent shall encourage the maximum practicable involvement of parents of children enrolled in special education programs.
- § 56127 The superintendent shall make recommendations in the areas of staff development, curriculum, testing and multicultural assessment, and the development of…
- § 56128 The superintendent shall prepare for board approval, as necessary, any state plan required by federal law in order that this state may qualify for any federal…
- § 56129 The Superintendent shall maintain the state special schools and diagnostic centers in accordance with Part 32 (commencing with Section 59000) so that the…
- § 56130 The superintendent shall develop in accordance with Section 56602, a biennial performance report of special education programs authorized under this part for…
- § 56131 The superintendent shall apportion funds in accordance with Chapter 7.2 (commencing with Section 56836) and approved local plans.
- § 56132 The superintendent shall assist districts, county offices, and special education local plan areas in the improvement and evaluation of their programs.
- § 56133 The superintendent shall provide for the mediation conference prescribed by Sections 56502 and 56503 and the state hearing prescribed by Section 56505.
- § 56134 The superintendent shall perform the duties prescribed by Chapter 4.5 (commencing with Section 56452).
- § 56135 (a) The superintendent shall be responsible for assuring provision of, and supervising, education and related services to individuals with exceptional needs as…
- § 56136 The superintendent shall develop guidelines for each low incidence disability area and provide technical assistance to parents, teachers, and administrators…
- § 56138 The Superintendent shall develop, and the board shall adopt, performance goals and indicators for individuals with exceptional needs that are consistent with,…
ARTICLE 3. County Offices § 56140 · 1 section
- § 56140 County offices shall do all of the following: (a) Initiate and submit to the Superintendent a countywide plan for special education that demonstrates the…
ARTICLE 3.5. Charter Schools §§ 56145–56146 · 2 sections
- § 56145 Individuals with exceptional needs attending charter schools pursuant to Part 26.8 (commencing with Section 47600) shall be served in the same manner as…
- § 56146 It is the intent of the Legislature that local plans for special education local plan areas, adopted pursuant to Chapter 2.5 (commencing with Section 56195)…
ARTICLE 4. Juvenile Court Schools § 56150 · 1 section
- § 56150 Special education programs authorized by this part shall be provided, pursuant to Section 48645.2, for individuals with exceptional needs who have been…
ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes §§ 56155–56166.5 · 13 sections
- § 56155 The provisions of this article shall only apply to individuals with exceptional needs placed in a licensed children’s institution or foster family home by a…
- § 56155.5 (a) As used in this part, “licensed children’s institution” means a residential facility that is licensed by the state, or other public agency having delegated…
- § 56155.7 A licensed children’s institution shall not require that a child be identified as an individual with exceptional needs as a condition of admission or residency.
- § 56156 (a) Each court, regional center for the developmentally disabled, or public agency that engages in referring children to, or placing children in, licensed…
- § 56156.4 (a) Each special education local plan area shall be responsible for providing appropriate education to individuals with exceptional needs residing in licensed…
- § 56157 (a) In providing appropriate programs to individuals with exceptional needs residing in licensed children’s institutions or foster family homes, the local…
- § 56159 If a district, special education local plan area, or county office does not make the placement decision of an individual with exceptional needs in a licensed…
- § 56162 Individuals with exceptional needs placed in a licensed children’s institution or foster family home by a court, regional center for the developmentally…
- § 56163 A licensed children’s institution which provides nonsectarian educational programs for individuals with exceptional needs shall be certified by the department…
- § 56164 This article shall not apply to programs operating in state hospitals and juvenile court schools.
- § 56165 This article shall not apply to individuals with exceptional needs placed in a licensed children’s institution pursuant to Section 56365.
- § 56166 The board shall adopt rules and regulations to implement the provisions of this article.
- § 56166.5 This article shall become operative July 1, 1982.
ARTICLE 5.5. Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities §§ 56167–56169.7 · 5 sections
- § 56167 (a) Individuals with exceptional needs who are placed in a public hospital, state licensed children’s hospital, psychiatric hospital, proprietary hospital, or…
- § 56167.5 Nothing in this article shall be construed to mean that the placement of any individual with exceptional needs in a hospital or health facility constitutes a…
- § 56168 (a) A public hospital, state licensed children’s hospital, psychiatric hospital, proprietary hospital, or a health facility for medical purposes located either…
- § 56169.5 This article shall not apply to programs operating in state hospitals.
- § 56169.7 If any provision of this article, or the application thereof to any person or circumstances, is held invalid by an appellate court of competent jurisdiction,…
ARTICLE 5.6. Children Enrolled in Private Schools §§ 56170–56177 · 9 sections
- § 56170 As used in this part, “private school children with disabilities” means children with disabilities enrolled by a parent in private schools or facilities that…
- § 56171 Pursuant to Section 300.131 of Title 34 of the Code of Federal Regulations, local educational agencies shall locate, identify, and assess all private school…
- § 56172 (a) The local educational agency shall make provision for the participation of private school children with disabilities in special education programs under…
- § 56173 To meet the requirements of Section 56172, each local educational agency shall provide special education and related services to pupils with disabilities…
- § 56174 The local educational agency shall not be required to pay for the cost of education, including special education and related services, of a child with a…
- § 56174.5 (a) Private school individuals with exceptional needs may receive a different amount of services than individuals with exceptional needs in public school…
- § 56175 If a parent or guardian of an individual with exceptional needs, who previously received special education and related services under the authority of the…
- § 56176 The cost of the reimbursement described in Section 56175 may be reduced or denied pursuant to clause (iii) of subparagraph (C) of paragraph (10) of subsection…
- § 56177 (a) Notwithstanding the notice requirement in subclause (I) of clause (iii) of subparagraph (C) of paragraph (10) of subsection (a) of Section 1412 of Title 20…
ARTICLE 7. Community Advisory Committee §§ 56190–56194 · 5 sections
- § 56190 Each plan submitted under Section 56195.1 shall establish a community advisory committee. The committee shall serve only in an advisory capacity.
- § 56191 The members of the community advisory committee shall be appointed by, and responsible to, the governing board of each participating district or county office,…
- § 56192 The community advisory committee shall be composed of parents of individuals with exceptional needs enrolled in public or private schools, parents of other…
- § 56193 At least the majority of such committee shall be composed of parents of pupils enrolled in schools participating in the local plan, and at least a majority of…
- § 56194 The community advisory committee shall have the authority and fulfill the responsibilities that are defined for it in the local plan. The responsibilities…
CHAPTER 2.5. Governance §§ 56195–56195.10 · 8 sections
ARTICLE 1. Local Plans §§ 56195–56195.5 · 4 sections
- § 56195 Each special education local plan area, as defined in subdivision (d) of Section 56195.1, shall administer local plans submitted pursuant to Chapter 3…
- § 56195.1 The governing board of a district shall elect to do one of the following described in subdivision (a), (b), or (c): (a) (1) If of sufficient size and scope,…
- § 56195.3 In developing a local plan under Section 56195.1, each district shall do the following: (a) Involve special and general teachers selected by their peers and…
- § 56195.5 (a) Each county office and district governing board shall have authority over the programs it directly maintains, consistent with the local plan submitted…
ARTICLE 2. Local Requirements §§ 56195.7–56195.10 · 4 sections
- § 56195.7 In addition to the provisions required to be included in the local plan pursuant to Chapter 3 (commencing with Section 56205), each special education local…
- § 56195.8 (a) Each entity providing special education under this part shall adopt policies for the programs and services it operates, consistent with agreements adopted…
- § 56195.9 (a) The plan for special education shall be developed and updated cooperatively by a committee of representatives of special and regular teachers and…
- § 56195.10 Unless the process described in subdivision (i) of Section 56195.7 specifies an alternative method of distribution of state and local funds among the…
CHAPTER 3. Elements of the Local Plan §§ 56205–56245 · 14 sections
ARTICLE 1.1. State Requirements §§ 56205–56208 · 6 sections
- § 56205 (a) Each special education local plan area submitting a local plan to the Superintendent under this part shall ensure, in conformity with Sections 1412(a) and…
- § 56205.5 (a) The superintendent or other chief administrator of a local educational agency shall post on the Internet Web site of the local educational agency any local…
- § 56206 As a part of the local plan submitted pursuant to Section 56205, each special education local plan area shall describe how specialized equipment and services…
- § 56207 (a) No educational programs and services already in operation in school districts or a county office of education pursuant to Part 30 (commencing with Section…
- § 56207.5 A request by a charter school to participate as a local educational agency in a special education local plan area may not be treated differently from a similar…
- § 56208 This article shall apply to special education local plan areas that are submitting a revised local plan for approval pursuant to Section 56836.03 or that have…
ARTICLE 1.5. Special Education Local Plan Areas with Small or Sparse Populations §§ 56211–56214 · 3 sections
- § 56211 A special education local plan area submitting a local plan, pursuant to subdivision (c) of Section 56195.1, which includes all of the school districts located…
- § 56212 An eligible special education local plan area, which submits a local plan under the provisions of Section 56211, may request designation as a necessary small…
- § 56214 For the 2020–21 fiscal year and each fiscal year thereafter, a necessary small special education local plan area, as described in Section 56212, shall receive,…
ARTICLE 3. Staff Development §§ 56240–56245 · 5 sections
- § 56240 Staff development programs shall be provided for regular and special education teachers, administrators, certificated and classified employees, volunteers,…
- § 56241 Staff development programs shall include, but not be limited to, all the following: (a) Provision of opportunities for all school personnel, paraprofessionals,…
- § 56243 It is the intent of the Legislature, pursuant to this article, that a local educational agency provide regular classroom teachers serving individuals with…
- § 56244 The superintendent shall, to the extent possible using federal and state funds appropriated for this purpose, provide staff development to child care center…
- § 56245 The Legislature encourages the inclusion, in local in-service training programs for regular education teachers and special education teachers in local…
CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review §§ 56300–56385 · 97 sections
ARTICLE 1. Identification and Referral §§ 56300–56305 · 8 sections
- § 56300 A local educational agency shall actively and systematically seek out all individuals with exceptional needs, from birth to 21 years of age, inclusive,…
- § 56301 (a) All children with disabilities residing in the state, including children with disabilities who are homeless children or are wards of the state and children…
- § 56302 A local educational agency shall provide for the identification and assessment of the exceptional needs of an individual, and the planning of an instructional…
- § 56302.1 (a) Once a child has been referred for an initial assessment to determine whether the child is an individual with exceptional needs as defined in Section 56026…
- § 56302.5 The term “assessment,” as used in this chapter, shall have the same meaning as the term “evaluation” in the Individuals with Disabilities Education Act, as…
- § 56303 A pupil shall be referred for special educational instruction and services only after the resources of the regular education program have been considered and,…
- § 56304 (a) The parents or guardians of a pupil who has been referred for initial assessment, or of a pupil identified as an individual with exceptional needs, shall…
- § 56305 (a) On or before July 1, 2019, the department shall develop a manual providing guidance to local educational agencies on identifying English learners as…
ARTICLE 2. Assessment §§ 56320–56330 · 16 sections
- § 56320 Before any action is taken with respect to the initial placement of an individual with exceptional needs in special education instruction, an individual…
- § 56320.1 All identification, evaluation, and assessment procedures for individuals with exceptional needs who are younger than three years of age shall be provided…
- § 56321 (a) If an assessment for the development or revision of the individualized education program is to be conducted, the parent or guardian of the pupil shall be…
- § 56321.1 If the child is a ward of the state and is not residing with his or her parent, the agency shall, pursuant to clause (iii) of subparagraph (D) of paragraph (1)…
- § 56321.5 The copy of the notice of parent rights shall include the right to electronically record the proceedings of individualized education program team meetings as…
- § 56321.6 The copy of the notice of parent rights shall include information regarding the state special schools for pupils who are deaf, hard of hearing, blind, visually…
- § 56322 The assessment shall be conducted by persons competent to perform the assessment, as determined by the local educational agency.
- § 56323 Admission of a pupil to special education instruction shall be made only in accordance with this article, Article 2.5 (commencing with Section 56333) and…
- § 56324 (a) Any psychological assessment of pupils shall be made in accordance with Section 56320 and shall be conducted by a credentialed school psychologist who is…
- § 56325 (a) (1) As required by subclause (I) of clause (i) of subparagraph (C) of paragraph (2) of subsection (d) of Section 1414 of Title 20 of the United States…
- § 56326 A pupil may be referred, as appropriate, for further assessment and recommendations to the California Schools for the Deaf or Blind or the Diagnostic Centers.
- § 56326.5 (a) The department’s Deaf and Hard of Hearing unit and the California School for the Deaf shall jointly select language developmental milestones from existing…
- § 56327 The personnel who assess the pupil shall prepare a written report, or reports, as appropriate, of the results of each assessment. The report shall include, but…
- § 56328 Notwithstanding the provisions of this chapter, a special education local plan area may utilize a schoolsite level and a regional level service, as provided…
- § 56329 As part of the assessment plan given to parents or guardians pursuant to Section 56321, the parent or guardian of the pupil shall be provided with a written…
- § 56330 A local educational agency shall follow the procedures in Section 300.306(c) of Title 34 of the Code of Federal Regulations when interpreting assessment data…
ARTICLE 2.4. Eligibility Criteria for Special Education and Related Services on the Basis of Other Health Impairment § 56332 · 1 section
- § 56332 The State Board of Education shall include “fetal alcohol spectrum disorder” in the definition of “other health impairment” in Section 3030 of Title 5 of the…
ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities §§ 56333–56338 · 6 sections
- § 56333 A pupil shall be assessed as having a language or speech disorder that makes the pupil eligible for special education and related services when the pupil…
- § 56334 The state board shall include “phonological processing” in the description of basic psychological processes in Section 3030 of Title 5 of the California Code…
- § 56335 (a) The Superintendent shall develop program guidelines for dyslexia to be used to assist regular education teachers, special education teachers, and parents…
- § 56337 (a) A specific learning disability, as defined in Section 1401(30) of Title 20 of the United States Code, means a disorder in one or more of the basic…
- § 56337.5 (a) A pupil who is assessed as being dyslexic and meets eligibility criteria specified in Section 56337 and paragraph (10) of subdivision (b) of Section 3030…
- § 56338 As used in Section 56337, “specific learning disability” includes, but is not limited to, disability within the function of vision which results in visual…
ARTICLE 2.6. Attention Deficit and Hyperactivity Disorders § 56339 · 1 section
- § 56339 (a) A pupil whose educational performance is adversely affected by a suspected or diagnosed attention deficit disorder or attention deficit hyperactivity…
ARTICLE 3. Instructional Planning and Individualized Education Program §§ 56340–56348 · 19 sections
- § 56340 A local educational agency shall initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of…
- § 56340.1 All instructional planning procedures for individuals with exceptional needs who are younger than three years of age shall be provided pursuant to Chapter 4.4…
- § 56341 (a) Each meeting to develop, review, or revise the individualized education program of an individual with exceptional needs shall be conducted by an…
- § 56341.1 (a) When developing each pupil’s individualized education program, the individualized education program team shall consider the following: (1) The strengths of…
- § 56341.2 (a) In the case of a pupil with exceptional needs who has been placed in a group home, as defined in subdivision (g) of Section 80001 of Title 22 of the…
- § 56341.5 (a) A local educational agency convening a meeting of the individualized education program team shall take steps to ensure that no less than one of the parents…
- § 56342 (a) The individualized education program team shall review the assessment results, determine eligibility, determine the content of the individualized education…
- § 56342.1 Before a local educational agency places an individual with exceptional needs in, or refers an individual to, a nonpublic, nonsectarian school, the district,…
- § 56342.5 A local educational agency shall ensure that the parent of each individual with exceptional needs is a member of any group that makes decisions on the…
- § 56343 An individualized education program team shall meet whenever any of the following occurs: (a) A pupil has received an initial formal assessment. The team may…
- § 56343.5 A meeting of an individualized education program team requested by a parent to review an individualized education program pursuant to subdivision (c) of…
- § 56344 (a) An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 days, not…
- § 56345 (a) The individualized education program is a written statement for each individual with exceptional needs that is developed, reviewed, and revised in…
- § 56345.1 (a) The term “transition services,” as defined in Section 1401(34) of Title 20 of the United States Code and as used in subparagraph (B) of paragraph (8) of…
- § 56345.2 (a) Pursuant to Section 300.107 of Title 34 of the Code of Federal Regulations, each public agency shall take steps, including the provision of supplementary…
- § 56345.5 Except as prescribed in subdivision (b) of Section 56324, nothing in this part shall be construed to authorize local educational agencies to prescribe health…
- § 56346 (a) A public agency, as defined in Section 56028.5, that is responsible for making a free appropriate public education and related services to the child with a…
- § 56347 A local educational agency, prior to the placement of the individual with exceptional needs, shall ensure that the regular teacher or teachers, the special…
- § 56348 By January 1, 2027, or no later than 18 months after the final draft of the state standardized individualized education program (IEP) template developed by the…
ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils §§ 56350–56354 · 9 sections
- § 56350 Unless the context otherwise requires, the definitions set forth in this section shall govern the construction of this article. (a) A “functionally blind…
- § 56351 Local educational agencies shall provide opportunities for braille instruction for pupils who, due to a prognosis of visual deterioration, may be expected to…
- § 56351.5 (a) (1) A local educational agency may reinforce braille instruction using a braille instructional aide who meets the criteria set forth in paragraph (2) under…
- § 56351.7 (a) The Superintendent of Public Instruction shall form an advisory task force to develop standards for the mastery of the braille code as a child progresses…
- § 56351.8 (a) The Superintendent shall utilize the advisory task force established pursuant to Section 56351.7 to develop standards for pupils described in subdivision…
- § 56351.9 (a) By June 1, 2006, the state board shall adopt braille reading and mathematics standards for pupils who, due to a visual impairment, are functionally blind…
- § 56352 (a) A functional vision assessment conducted pursuant to Section 56320 shall be used as one criterion in determining the appropriate reading medium or media…
- § 56353 (a) The Legislature finds and declares that the expanded core curriculum is a set of knowledge and skills in which instruction or services, or both, may be…
- § 56354 (a) (1) If an orientation and mobility evaluation is determined to be needed for a pupil who is blind, has low vision, or is visually impaired, it shall be…
ARTICLE 4. Implementation §§ 56360–56369 · 31 sections
- § 56360 Each special education local plan area shall ensure that a continuum of program options is available to meet the needs of individuals with exceptional needs…
- § 56361 The continuum of program options shall include, but not necessarily be limited to, all of the following or any combination of the following: (a) Regular…
- § 56361.2 All special education and related services for any individual with exceptional needs who is younger than three years of age shall be provided pursuant to…
- § 56361.5 (a) In addition to the continuum of program options listed in Section 56361, a local educational agency may contract with a hospital to provide designated…
- § 56362 (a) The resource specialist program shall provide, but not be limited to, all of the following: (1) Provision for a resource specialist or specialists who…
- § 56362.1 For the purposes of Section 56362, “caseload” shall include, but not be limited to, all pupils for whom the resource specialist performs any of the services…
- § 56362.5 By July 1982, the Commission on Teacher Credentialing shall adopt rules and regulations for a resource specialist certificate of competence. The certificate…
- § 56362.7 (a) The Legislature recognizes the need for specially trained professionals to assess and serve pupils of limited English proficiency. This is particularly…
- § 56363 (a) As used in this part, the term “designated instruction and services” means “related services” as that term is defined in Section 1401(26) of Title 20 of…
- § 56363.1 A local educational agency is not required to purchase medical equipment for an individual pupil. However, the local educational agency is responsible for…
- § 56363.3 The average caseload for language, speech, and hearing specialists in special education local plan areas shall not exceed 55 cases, unless the local plan…
- § 56363.5 Pursuant to Section 300.154(d)(2)(iv) and (v) of Title 34 of the Code of Federal Regulations, if an individual with exceptional needs is covered by public…
- § 56364.1 Notwithstanding the provisions of Section 56364.2, pupils with low incidence disabilities may receive all or a portion of their instruction in the regular…
- § 56364.2 (a) Special classes that serve pupils with similar and more intensive educational needs shall be available. The special classes may enroll pupils only when the…
- § 56364.3 (a) On or before July 1, 2027, the Superintendent shall recommend a maximum adult-to-pupil staffing ratio for special classes authorized pursuant to Section…
- § 56365 (a) Services provided by nonpublic, nonsectarian schools, as defined pursuant to Section 56034, and nonpublic, nonsectarian agencies, as defined pursuant to…
- § 56366 It is the intent of the Legislature that the role of a nonpublic, nonsectarian school or agency shall be maintained and continued as an alternative special…
- § 56366.1 (a) A nonpublic, nonsectarian school or agency that seeks certification shall file an application with the Superintendent on forms provided by the department,…
- § 56366.2 (a) A local educational agency, nonpublic, nonsectarian school, or nonpublic, nonsectarian agency may petition the Superintendent to waive one or more of the…
- § 56366.4 (a) The Superintendent may revoke or suspend the certification of a nonpublic, nonsectarian school or agency for any of the following reasons: (1) Violation of…
- § 56366.45 (a) (1) A contracting local educational agency and a charter school shall, within 14 days of becoming aware of any change to the certification status of a…
- § 56366.5 (a) Upon receipt of a request from a nonpublic, nonsectarian school for payment for services provided under a contract entered into pursuant to Sections 56365…
- § 56366.6 (a) Within 20 working days following the nonpublic, nonsectarian school’s or agency’s receipt of the notice of denial, revocation, or suspension of…
- § 56366.8 The department, as a part of its certification process and complaint investigation process for nonpublic, nonsectarian schools or agencies shall do all of the…
- § 56366.9 A licensed children’s institution at which individuals with exceptional needs reside shall not require as a condition of residential placement that it provide…
- § 56366.10 In addition to the certification requirements set forth in Sections 56366 and 56366.1, a nonpublic, nonsectarian school that provides special education and…
- § 56366.11 (a) The department shall implement a program to integrate individuals with exceptional needs placed in nonpublic, nonsectarian schools into public schools, as…
- § 56366.12 A nonpublic, nonsectarian school shall ensure private and confidential communication, including telecommunication, between a pupil of the nonpublic,…
- § 56367 (a) Placements in state special schools pursuant to Sections 59020, 59120, and 59220 shall be made only as a result of recommendations from the individualized…
- § 56368 (a) A program specialist is a specialist who holds a valid special education credential, clinical services credential, health services credential, or a school…
- § 56369 A local educational agency may contract with another public agency to provide special education or related services to an individual with exceptional needs.
ARTICLE 5. Review §§ 56380–56383 · 5 sections
- § 56380 (a) Pursuant to subparagraphs (A) and (B) of paragraph (4) of subsection (d) of Section 1414 of Title 20 of the United States Code, the local educational…
- § 56380.1 (a) In making changes to a pupil’s individualized education program after the annual individualized education program meeting for a school year, the parent of…
- § 56381 (a) (1) A reassessment of the pupil, based upon procedures specified in Section 56302.1 and in Article 2 (commencing with Section 56320), and in accordance…
- § 56382 All review and reassessment procedures for individuals with exceptional needs who are younger than three years of age shall be provided pursuant to Chapter 4.4…
- § 56383 Pursuant to Section 300.325(b) of Title 34 of the Code of Federal Regulations, after an individual with exceptional needs is placed in a nonpublic,…
ARTICLE 6. Participation in Statewide and Districtwide Assessment Programs § 56385 · 1 section
- § 56385 (a) As provided in paragraph (16) of subsection (a) of Section 1412 of Title 20 of the United States Code, individuals with exceptional needs shall be included…
CHAPTER 4.1. Recognition for Educational Achievement or Completion of Program §§ 56390–56392 · 3 sections
- § 56390 Notwithstanding Section 51412 or any other provision of law, a local educational agency may award an individual with exceptional needs a certificate or…
- § 56391 An individual with exceptional needs who meets the criteria for a certificate or document described in Section 56390 shall be eligible to participate in any…
- § 56392 It is not the intent of the Legislature by enacting this chapter to eliminate the opportunity for an individual with exceptional needs to earn a standard…
CHAPTER 4.3. Family Empowerment Centers on Disability §§ 56400–56415 · 10 sections
- § 56400 It is the intent of the Legislature, through enactment of this chapter and as required by state and federal law, to do all of the following: (a) Ensure that…
- § 56402 (a) The department shall award grants to establish Family Empowerment Centers on Disability. In the first year of operation, the department shall award these…
- § 56404 To be eligible to receive funding to establish Family Empowerment Centers on Disability pursuant to this chapter, applicants shall meet the following…
- § 56406 (a) The department shall issue requests for proposals, select grantees, and award grants pursuant to this chapter. Grants awarded to Family Empowerment Centers…
- § 56408 (a) As a condition of receipt of funds, each Family Empowerment Center on Disability that receives assistance under this chapter and serves the parents and…
- § 56410 A statewide Family Empowerment and Disability Council, composed of the executive directors for the Family Empowerment Centers on Disability, shall be…
- § 56411 (a) The department, on or before June 30, 2022, shall develop or update a uniform and coordinated tracking and data collection system, and establish or update…
- § 56412 When at least four Family Empowerment Centers on Disability have been in operation for two years, the State Department of Education shall contract, pursuant to…
- § 56414 The State Department of Education is required to implement this chapter only if an appropriation is made for this purpose in the Budget Act.
- § 56415 On or before June 30, 2023, the department shall do both of the following: (a) Inform parents of children with disabilities of the availability of Family…
CHAPTER 4.4. Early Education for Individuals with Exceptional Needs §§ 56425–56432 · 19 sections
- § 56425 As a condition of receiving state aid pursuant to this part, a local educational agency that operated early education programs for individuals with exceptional…
- § 56425.5 The Legislature hereby finds and declares that early education programs for infants identified as individuals with exceptional needs that provide educational…
- § 56426 An early education program shall include services specially designed to meet the unique needs of infants, from birth to three years of age, and their families.…
- § 56426.1 (a) Home-based early education services funded pursuant to Sections 56427, 56428, and 56432 shall include, but not be limited to, all of the following: (1)…
- § 56426.2 (a) Early education services funded pursuant to Sections 56427, 56428, and 56432 shall be provided through both home visits and group settings with other…
- § 56426.25 The maximum service levels set forth in Sections 56426.1 and 56426.2 apply only for purposes of the allocation of funds for early education programs pursuant…
- § 56426.3 In addition to home-based or home-based and group early education services, related services as defined in Section 300.13 of Title 34 of the Code of Federal…
- § 56426.4 (a) Family involvement activities funded pursuant to Sections 56427, 56428, and 56432 shall support family members in meeting the practical and emotional…
- § 56426.5 If the transdisciplinary team determines home-based and group early education services to be appropriate, but the parent chooses not to receive home-based…
- § 56426.6 (a) Early education services shall be provided by a local educational agency through a transdisciplinary team consisting of a group of professionals from…
- § 56426.7 Medically necessary occupational therapy and physical therapy shall be provided to the infant when warranted by medical diagnosis and contained in the…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 56431 The Superintendent shall develop procedures and criteria to enable a local educational agency to contract with private nonprofit preschools or child…
- § 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…
CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive §§ 56440–56447.1 · 19 sections
- § 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…
- § 56441 The Legislature hereby finds and declares that early education programs for individuals with exceptional needs between the ages of three and five years,…
- § 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…
- § 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…
- § 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…
- § 56441.4 Appropriate settings for these services include any of the following: (a) The regular public or private nonsectarian preschool program. (b) The child…
- § 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…
- § 56441.6 Early education services for preschool children shall be provided through a transdisciplinary team approach of professionals as described in Section 56426.6.…
- § 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…
- § 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…
- § 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…
- § 56441.11 (a) Notwithstanding any other law or regulation, the special education eligibility criteria in subdivision (b) shall apply to preschool children, between the…
- § 56441.13 The superintendent shall provide training and technical assistance for the implementation of early education programs for preschool children with exceptional…
- § 56441.14 Criteria and options for meeting the special education transportation needs of individuals with exceptional needs between the ages of three and five,…
- § 56442 The superintendent shall ensure that state preschool programs and programs for individuals with exceptional needs between the ages of three and five years,…
- § 56443 (a) The department shall amend its interagency agreement with the Administration for Children, Youth, and Families, Region IX, Head Start, United States…
- § 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…
- § 56446 Public special education funding shall not be used to purchase regular preschool services or to purchase any instructional service other than special education…
- § 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…
CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability §§ 56452–56474 · 13 sections
ARTICLE 1. Career and Vocational Education Programs §§ 56452–56456 · 4 sections
- § 56452 The superintendent shall ensure that the state annually secures all federal funds available for career and vocational education of individuals with exceptional…
- § 56453 The superintendent and the Department of Rehabilitation shall enter into an interagency agreement to ensure that the state annually secures all federal funds…
- § 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…
- § 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,…
ARTICLE 2. Transition Services §§ 56460–56463 · 4 sections
- § 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…
- § 56461 The superintendent shall establish the capacity to provide transition services for a broad range of individuals with exceptional needs such as employment and…
- § 56462 The transition services shall include, but not be limited to, the following: (a) In-service training programs, resource materials, and handbooks that identify…
- § 56463 Transition services shall be funded pursuant to the Budget Act.
ARTICLE 3. Project Workability §§ 56470–56474 · 5 sections
- § 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…
- § 56471 (a) The program shall be administered by the State Department of Education. (b) The department shall establish an advisory committee. This committee will…
- § 56472 The population served by workability projects may include secondary students with disabilities, adults with disabilities and other individuals who experience…
- § 56473 Project workability shall be funded pursuant to Item 6100-161-0001 of Section 2.00 of the annual Budget Act.
- § 56474 The superintendent shall continue to seek additional state and federal funding for project workability.
CHAPTER 4.7. Interagency Cooperation §§ 56475–56477 · 3 sections
- § 56475 (a) The Superintendent and the directors of the State Department of Health Care Services, the State Department of Developmental Services, the State Department…
- § 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…
- § 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…
CHAPTER 5. Procedural Safeguards §§ 56500–56509 · 20 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 5.1. Confidentiality of Information About Individuals With Exceptional Needs § 56515 · 1 section
- § 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…
CHAPTER 5.5. Behavioral Interventions §§ 56520–56525 · 7 sections
- § 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…
- § 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…
- § 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…
- § 56521.2 (a) A local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs pursuant to Sections 56365 and 56366,…
- § 56523 (a) The Superintendent shall repeal those regulations governing the use of behavioral interventions with individuals with exceptional needs receiving special…
- § 56524 The superintendent shall explore with representatives of institutions of higher education and the Commission on Teacher Credentialing, the current training…
- § 56525 (a) A person recognized by the national Behavior Analyst Certification Board as a Board Certified Behavior Analyst may conduct behavior assessments and provide…
CHAPTER 6. Evaluation, Audits, and Information §§ 56600–56606 · 8 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 56604 (a) The superintendent shall coordinate the design of evaluations to prevent duplication and to minimize data collection and reporting requirements at the…
- § 56605 The superintendent shall periodically sponsor or conduct workshops and seminars for the education of local education agency personnel assigned to, and…
- § 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…
CHAPTER 7.2. Special Education Funding §§ 56836–56845 · 49 sections
ARTICLE 1. Administration §§ 56836–56836.05 · 7 sections
- § 56836 Commencing with the 1998–99 fiscal year and for each fiscal year thereafter, apportionments to special education local plan areas for special education…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
ARTICLE 2. Computation of Apportionments §§ 56836.06–56836.13 · 9 sections
- § 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… see note
- § 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…
- § 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… see note
- § 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…
- § 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…
- § 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… see note
- § 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… see note
- § 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…
- § 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… see note
ARTICLE 2.2. Special Education Funding Formula §§ 56836.14–56836.15 · 6 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 2.5. Computation of Adjustment §§ 56836.156–56836.159 · 4 sections
- § 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…
- § 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…
- § 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.…
- § 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…
ARTICLE 3. Licensed Children’s Institutions §§ 56836.165–56836.18 · 5 sections
- § 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)…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 4. Nonpublic, Nonsectarian School Contracts §§ 56836.20–56836.21 · 2 sections
- § 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…
- § 56836.21 (a) The department shall administer an extraordinary cost pool to protect special education local plan areas from the extraordinary costs associated with…
ARTICLE 5. Low Incidence Funding § 56836.22 · 1 section
- § 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…
ARTICLE 6. Program Specialists and Administration of Regionalized Operations and Services §§ 56836.23–56836.31 · 5 sections
- § 56836.23 Funds for regionalized operations and services and the direct instructional support of program specialists shall be apportioned to the special education local…
- § 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…
- § 56836.25 Funds received pursuant to this article shall be expended for the purposes specified in Section 56836.23.
- § 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…
- § 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…
ARTICLE 6.5. Special Education Early Intervention Preschool Grant §§ 56836.39–56836.40 · 2 sections
- § 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…
- § 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…
ARTICLE 7. Federal Funding Allocations §§ 56837–56844 · 7 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 56844 In complying with paragraph (17), regarding the prohibition against supplantation of federal funds, and paragraph (18), regarding maintenance of state…
ARTICLE 8. Withholding of Payments § 56845 · 1 section
- § 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…
CHAPTER 7.5. Autism Training and Information §§ 56846–56847 · 3 sections
- § 56846 (a) The Legislature hereby finds and declares all of the following: (1) Autism is the fastest growing special education eligibility category for public…
- § 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…
- § 56847 (a) (1) The Superintendent shall convene, with input from the University of California, the California State University, relevant fiscal and policy standing…
CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals §§ 56850–56865 · 19 sections
- § 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…
- § 56851 (a) In developing the individualized education program for an individual residing in a state hospital or developmental center who is eligible for services…
- § 56852 In developing the individualized educational program and providing all special education programs and related services to individuals with exceptional needs…
- § 56852.5 The State Department of Education, within its existing program review process, shall specifically review the appropriateness of pupil placement for educational…
- § 56853 (a) This chapter does not affect the continued authority of the State Departments of Developmental Services and State Hospitals over educational programs for…
- § 56854 (a) The Superintendent and the Directors of the State Departments of Developmental Services and State Hospitals shall develop written interagency agreements to…
- § 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…
- § 56856 In order to provide appropriate special education and related services to an individual residing in a state hospital, the State Departments of Developmental…
- § 56857 Nothing in this chapter shall preclude the State Departments of Developmental Services and State Hospitals from contracting with a local public education…
- § 56857.5 (a) Community school agencies providing school programs on state hospital or developmental center grounds shall begin the orderly transfer of all state…
- § 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…
- § 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…
- § 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…
- § 56859 All certificated state hospital or developmental center employees hired to provide educational services to individuals with exceptional needs shall possess an…
- § 56860 Special transportation shall be the responsibility of the state hospital.
- § 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…
- § 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…
- § 56864 Individuals with exceptional needs residing in state hospitals shall not be included within the funding calculation made pursuant to Chapter 7.2 (commencing…
- § 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…