CHAPTER 2. Administration [56100. - 56194.]

Chapter 2 added by Stats. 1980, Ch. 797, Sec. 9.

§§ 56100–56194 · 56 sections

1. 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…
2. 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,…
3. 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…
4. 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)…
5. 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…
6. 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.
7. 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,…
8. 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…
9. 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…