reglab/housing_qa huggingface dataset:
CA Educ Code § 56033 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 2 - Definitions|Section 56033.

56033.  “Superintendent” means the Superintendent of Public Instruction.(Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
CA Educ Code § 56033.5 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 2 - Definitions|Section 56033.5.

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 Federal Regulations, means aids, services, and other supports that are provided in regular education classes or other education-related settings and in extracurricular and nonacademic settings, to enable individuals with exceptional needs to be educated with nondisabled children to the maximum extent appropriate in accordance with Section 1412(a)(5) of Title 20 of the United States Code and Sections 300.114 to 300.116, inclusive, of Title 34 of the Code of Federal Regulations.(Amended by Stats. 2007, Ch. 454, Sec. 7. Effective October 10, 2007.)
CA Educ Code § 56034 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 2 - Definitions|Section 56034.

56034.  “Nonpublic, nonsectarian school” means a private, nonsectarian school that enrolls individuals with exceptional needs pursuant to an individualized education program and is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, or a public university or college. A nonpublic, nonsectarian school also shall meet standards as prescribed by the Superintendent and board.(Amended by Stats. 2005, Ch. 639, Sec. 6. Effective January 1, 2006.)
CA Educ Code § 56035 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 2 - Definitions|Section 56035.

56035.  “Nonpublic, nonsectarian agency” means a private, nonsectarian establishment or individual that provides related services necessary for an individual with exceptional needs to benefit educationally from the pupils’ educational program pursuant to an individualized education program and that is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, a public university or college, or a public hospital. The nonpublic, nonsectarian agency shall also meet standards as prescribed by the superintendent and board.(Added by Stats. 1993, Ch. 939, Sec. 2. Effective October 8, 1993.)
CA Educ Code § 56040 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 3 - General Provisions|Section 56040.

56040.  (a) Every individual with exceptional needs who is eligible to receive special education instruction and related services under this part, shall receive that instruction and those services at no cost to his or her parents or, as appropriate, to him or her. A free appropriate public education shall be available to individuals with exceptional needs in accordance with Section 1412(a)(1) of Title 20 of the United States Code and Section 300.101 of Title 34 of the Code of Federal Regulations.(b) An individual, aged 18 through 21 years, who, in the educational placement prior to his or her incarceration in an adult correctional facility was not identified as being an individual with exceptional needs or did not have an individualized education program under this part, is not entitled to a free appropriate public education pursuant to Section 1412(a)(1)(B)(ii) of Title 20 of the United States Code.(Amended by Stats. 2007, Ch. 56, Sec. 10. Effective January 1, 2008.)
CA Educ Code § 56040.1 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 3 - General Provisions|Section 56040.1.

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 agency shall ensure the following to address the least restrictive environment for individuals with exceptional needs:(a) To the maximum extent appropriate, individuals with exceptional needs, including children in public or private institutions or other care facilities, are educated with children who are nondisabled.(b) Special classes, separate schooling, or other removal of individuals with exceptional needs from the regular educational environment occurs only if the nature or severity of the disability is such that education in the regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.(Added by Stats. 2007, Ch. 454, Sec. 8. Effective October 10, 2007.)
CA Educ Code § 56040.3 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 3 - General Provisions|Section 56040.3.

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 school-purchased assistive technology devices in a child’s home or in other settings if the child’s individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education.(b) (1) A local educational agency shall be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency.(2) The responsibility of the local educational agency under paragraph (1) shall be in force until alternative arrangements for providing the individual with exceptional needs with continuous access to the assistive technology device, or to a comparable device, can be made or until two months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first. (c) For purposes of this section, in addition to the definition of “local educational agency,” in this article, “local educational agency” also includes a charter school as established pursuant to Chapter 2 (commencing with Section 47605) of Part 26.8.(Added by Stats. 2019, Ch. 228, Sec. 2. (AB 605) Effective January 1, 2020.)
CA Educ Code § 56040.5 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 3 - General Provisions|Section 56040.5.

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 Code, from requiring an individual with exceptional needs to obtain a prescription for a medication that is a substance covered by the Controlled Substances Act (21 U.S.C. Sec. 801 et seq.) as a condition of attending school, receiving an assessment under subsection (a) or (c) of Section 1414 of Title 20 of the United States Code, or receiving services under this part.(b) Subdivision (a) does not create a federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a pupil’s academic and functional performance, his or her behavior in the class or school, or the need for assessment for special education and related services under paragraph (3) of subsection (a) of Section 1412 of Title 20 of the United States Code.(Added by Stats. 2005, Ch. 653, Sec. 5. Effective October 7, 2005.)
CA Educ Code § 56041 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 3 - General Provisions|Section 56041.

56041.  Except for those pupils meeting residency requirements for school attendance specified in subdivision (a) of Section 48204, and notwithstanding any other provision of law, if it is determined by the individualized education program team that special education services are required beyond the pupil’s 18th birthday, the district of residence responsible for providing special education and related services to pupils between the ages of 18 to 22 years, inclusive, shall be assigned, as follows:(a) For nonconserved pupils, the last district of residence in effect prior to the pupil’s attaining the age of majority shall become and remain as the responsible local educational agency, as long as and until the parent or parents relocate to a new district of residence. At that time, the new district of residence shall become the responsible local educational agency.(b) For conserved pupils, the district of residence of the conservator shall attach and remain the responsible local educational agency, as long as and until the conservator relocates or a new one is appointed. At that time, the new district of residence shall attach and become the responsible local educational agency.(Added by Stats. 1992, Ch. 1360, Sec. 8. Effective January 1, 1993.)
CA Educ Code § 56041.5 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 3 - General Provisions|Section 56041.5.

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, the local educational agency shall provide any notice of procedural safeguards required by this part to both the individual and the parents of the individual. All other rights accorded to a parent under this part shall transfer to the individual with exceptional needs. The local educational agency shall notify the individual and the parent of the transfer of rights.(Added by Stats. 1998, Ch. 691, Sec. 17. Effective January 1, 1999.)
CA Educ Code § 56042 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 3 - General Provisions|Section 56042.

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 nonpublic, nonsectarian school or agency with which the attorney or advocate is employed or contracted, or otherwise has a conflict of interest or from which the attorney or advocate receives a benefit.(Added by Stats. 1993, Ch. 939, Sec. 3. Effective October 8, 1993.)
CA Educ Code § 56045 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 3 - General Provisions|Section 56045.

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 the following:(1) The local educational agency is substantially out of compliance with one or more significant provisions of this part, the implementing regulations, provisions of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or the implementing regulations.(2) The local educational agency fails to comply substantially with corrective action orders issued by the department resulting from focused monitoring findings or complaint investigations.(3) The local educational agency fails to implement the decision of a due process hearing officer for noncompliance with provisions of this part, the implementing regulations, provisions of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or the implementing regulations, which noncompliance results in the denial of, or impedes the delivery of, a free appropriate public education for an individual with exceptional needs.(b) The notice shall provide a description of the special education and related services that are required by law and with which the local educational agency is not in compliance.(c) Upon receipt of the notification sent pursuant to subdivision (a), the governing board shall at a regularly scheduled public hearing address the issue of noncompliance.(Amended by Stats. 2007, Ch. 56, Sec. 12. Effective January 1, 2008.)
CA Educ Code § 56048 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 3 - General Provisions|Section 56048.

56048.  The superintendent shall review the information and calculations submitted by special education local plan areas in support of all apportionment computations described in this part. The review shall be conducted on the data submitted during the initial year of apportionment and for the first succeeding fiscal year only. Adjustments to any year’s apportionment shall be received by the superintendent from the special education local plan area prior to the end of the first fiscal year following the fiscal year to be adjusted. The superintendent shall consider and adjust only the information and computational factors originally established during an eligible fiscal year, if the superintendent’s review determines that they are correct.(Added by Stats. 1998, Ch. 89, Sec. 17. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
CA Educ Code § 56050 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 3.5 - Surrogate Parents|Section 56050.

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.(b) A surrogate parent may represent an individual with exceptional needs in matters relating to identification, assessment, instructional planning and development, educational placement, reviewing and revising the individualized education program, and in other matters relating to the provision of a free appropriate public education to the individual. Notwithstanding any other provision of law, this representation shall include the provision of written consent to the individualized education program including nonemergency medical services, mental health treatment services, and occupational or physical therapy services pursuant to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code. The surrogate parent may sign any consent relating to individualized education program purposes.(c) A surrogate parent shall be held harmless by the State of California when acting in his or her official capacity except for acts or omissions that are found to have been wanton, reckless, or malicious.(d) A surrogate parent shall also be governed by Section 7579.5 of the Government Code.(Amended by Stats. 2007, Ch. 56, Sec. 14. Effective January 1, 2008.)
CA Educ Code § 56055 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 3.7 - Foster Parents|Section 56055.

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 to, Section 300.30 of Title 34 of the Code of Federal Regulations, the rights related to his or her foster child’s education that a parent has under Title 20 (commencing with Section 1400) of the United States Code and pursuant to Part 300 (commencing with Section 300.1) of Title 34 of the Code of Federal Regulations. The foster parent may represent the foster child for the duration of the foster parent-foster child relationship in matters relating to identification, assessment, instructional planning and development, educational placement, reviewing and revising an individualized education program, if necessary, and in all other matters relating to the provision of a free appropriate public education of the child. Notwithstanding any other provision of law, this representation shall include the provision of written consent to the individualized education program, including nonemergency medical services, mental health treatment services, and occupational or physical therapy services pursuant to this chapter. The foster parent may sign any consent relating to individualized education program purposes.(2) A foster parent exercising rights relative to a foster child under this section may consult with the parent or guardian of the child to ensure continuity of health, mental health, or other services.(b) A foster parent who had been excluded by court order from making educational decisions on behalf of a pupil does not have the rights relative to the pupil set forth in subdivision (a).(c) This section only applies if the juvenile court has limited the right of the parent or guardian to make educational decisions on behalf of the child, and the child has been placed in a planned permanent living arrangement pursuant to paragraph (3) of subdivision (g) of Section 366.21, Section 366.22, Section 366.26, or paragraph (5) or (6) of subdivision (b) of Section 727.3 of the Welfare and Institutions Code.(d) For purposes of this section, a foster parent includes an approved relative, approved nonrelative extended family member, as defined in Section 362.7 of the Welfare and Institutions Code, a licensed or certified foster parent, a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, or a person who has been designated by the court as a specified placement.(Amended by Stats. 2017, Ch. 732, Sec. 1. (AB 404) Effective January 1, 2018.)
CA Educ Code § 56058 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 3.9 - Qualifications for Special Education Teachers|Section 56058.

56058.  Special education teachers providing instruction and educational services under this part shall meet the same “highly qualified” requirements, as defined in Section 1401(10) of Title 20 of the United States Code, and in Section 300.18 of Title 34 of the Code of Federal Regulations, and personnel qualifications described in Section 1412(a)(14) of Title 20 of the United States Code, and in Section 300.156 of Title 34 of the Code of Federal Regulations.(Amended by Stats. 2007, Ch. 454, Sec. 9. Effective October 10, 2007.)
CA Educ Code § 56059 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 3.9 - Qualifications for Special Education Teachers|Section 56059.

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 educational agency employee to be highly qualified.(b) In accordance with Section 300.156(e) of Title 34 of the Code of Federal Regulations, nothing in this part prevents a parent from filing a complaint with the department under Section 56500.2, and under Sections 300.151 to 300.153, inclusive, of Title 34 of the Code of Federal Regulations, about staff qualifications.(Amended by Stats. 2007, Ch. 454, Sec. 10. Effective October 10, 2007.)
CA Educ Code § 56060 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 4 - Substitute Teachers|Section 56060.

56060.  A noncredentialed person shall not substitute for any special education certificated position.(Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
CA Educ Code § 56061 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 4 - Substitute Teachers|Section 56061.

56061.  A person holding a valid credential authorizing substitute teaching may serve as a substitute for the appropriately credentialed special education teacher as follows:(a) Except as provided in subdivisions (b) and (c), the employer shall not employ an inappropriately credentialed substitute teacher for a period of more than 20 cumulative school days for each special education teacher absent during each school year.(b) Upon application by the district or county office, the superintendent may approve an extension of 20 school days in addition to those authorized by subdivision (a).(c) Only in extraordinary circumstances may an additional number of days be granted beyond the 40 school days provided for by subdivisions (a) and (b). Such additional days shall be granted in writing by the superintendent. The superintendent shall report to the board on all requests granted for an additional number of days pursuant to this subdivision.(Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
CA Educ Code § 56062 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 4 - Substitute Teachers|Section 56062.

56062.  The employer shall use the following priorities in placing substitute teachers in special education classrooms:(a) A substitute teacher with the appropriate special education credential or credentials.(b) A substitute teacher with any other special education credential or credentials.(c) A substitute teacher with a regular teaching credential.(Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
CA Educ Code § 56063 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 1 - General Provisions|ARTICLE 4 - Substitute Teachers|Section 56063.

56063.  The employer shall be responsible for seeking, and maintaining lists of, appropriately credentialed substitute teachers. The employer shall contact institutions of higher education with approved special education programs for possible recommendations of appropriately credentialed special education personnel.(Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)