CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300. - 56385.]

Chapter 4 added by Stats. 1980, Ch. 797, Sec. 9.

§§ 56300–56385 · 97 sections

1. 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…
2. 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…
3. 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…
4. 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…
5. 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…
6. 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…
7. 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…
8. 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.
9. 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,…
10. 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…