CHAPTER 1. General Provisions [56000. - 56070.]

Chapter 1 added by Stats. 1980, Ch. 797, Sec. 9.

§§ 56000–56070 · 52 sections

1. 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…
2. 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…
3. 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…
4. 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.…
5. 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…
6. 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…
7. 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…
8. 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…