reglab/housing_qa huggingface dataset:
CA Educ Code § 56505.1 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 5 - Procedural Safeguards|Section 56505.1.

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 consent of both parties to the hearing, request that conflicting experts discuss an issue or issues with each other while on the record.(c) Visit the proposed placement site or sites when the physical attributes of the site or sites are at issue.(d) Call a witness to testify at the hearing if all parties to the hearing consent to the witness giving testimony or the hearing is continued for at least five days after the witness is identified and before the witness testifies.(e) Order that an impartial assessment, including an independent educational assessment, of the pupil be conducted for purposes of the hearing and continue the hearing until the assessment has been completed. The cost of any assessment ordered under this subdivision shall be at public expense pursuant to subsection (d) of Section 300.502 of Title 34 of the Code of Federal Regulations and included in the contract between the department and the organization or entity conducting the hearing.(f) Bar introduction of any documents or the testimony of any witnesses not disclosed to the hearing officer at least five business days prior to the hearing and bar introduction of any documents or the testimony of any witnesses at the hearing without the consent of the other party not disclosed to the parties at least five business days prior to the hearing pursuant to paragraph (7) of subdivision (e) of Section 56505.(g) In decisions relating to the provision of related services by other public agencies, the hearing officer may call as witnesses independent medical specialists qualified to present evidence in the area of the pupil’s medical disability. The cost for any witness called to testify under this subdivision shall be included in the contract between the department and the organization or entity conducting the hearing.(h) Set a reasonable limit on the length of the hearing after consideration of all of the following:(1) The issues to be heard.(2) The complexity of the facts to be proven.(3) The ability of the parties and their representatives, if any, to present their respective cases.(4) The estimate of the parties as to the time needed to present their respective cases.(Amended by Stats. 2004, Ch. 161, Sec. 23. Effective July 16, 2004.)
CA Educ Code § 56505.2 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 5 - Procedural Safeguards|Section 56505.2.

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 that results in a service for an individual with exceptional needs provided by a nonpublic, nonsectarian agency, if the school or agency has not been certified pursuant to Section 56366.1.(b) A hearing officer shall consider Sections 56365, 56366, and 56366.1 during a due process hearing concerning an issue of placement of an individual with exceptional needs in a nonpublic, nonsectarian school, or services for an individual with exceptional needs provided by a nonpublic, nonsectarian agency.(Amended by Stats. 2004, Ch. 408, Sec. 2. Effective January 1, 2005.)
CA Educ Code § 56506 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 5 - Procedural Safeguards|Section 56506.

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 parent:(a) Written notice to the parent of his or her rights in language easily understood by the general public and in the native language of the parent, as defined in Section 300.29 of Title 34 of the Code of Federal Regulations, or other mode of communication used by the parent, unless to do so is clearly not feasible. The written notice of rights shall include, but not be limited to, those prescribed by Section 56341.(b) The right to initiate a referral of a child for special education services pursuant to Section 56303.(c) The right to obtain an independent educational assessment pursuant to subdivision (b) or (c) of Section 56329.(d) The right to participate in the development of the individualized education program and to be informed of the availability under state and federal law of free appropriate public education and of all available alternative programs, both public and nonpublic.(e) Written parental consent pursuant to Section 56321 shall be obtained before any assessment of the pupil is conducted, unless the public agency prevails in a due process hearing relating to the assessment. In accordance with Section 300.300(c)(2) of Title 34 of the Code of Federal Regulations, informed parental consent need not be obtained in the case of a reassessment of the pupil if the local educational agency can demonstrate that it has taken reasonable measures to obtain consent and the pupil’s parent has failed to respond.(f) Written parental consent pursuant to Section 56346 shall be obtained before the pupil is placed in a special education program.(g) A parent of an individual with exceptional needs may elect to receive notices required under this chapter by an electronic mail communication, if the local educational agency makes that option available, in accordance with Section 1415(n) of Title 20 of the United States Code.(Amended by Stats. 2007, Ch. 56, Sec. 86. Effective January 1, 2008.)
CA Educ Code § 56507 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 5 - Procedural Safeguards|Section 56507.

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 party at least 10 days prior to the hearing. The failure to provide that notice shall constitute good cause for a continuance.(b) (1) An award of reasonable attorney’s fees to the prevailing parent, guardian, or pupil, as the case may be, may only be made either with the agreement of the parties following the conclusion of the administrative hearing process or by a court of competent jurisdiction pursuant to Section 1415(i)(3) of Title 20 of the United States Code.(2) In accordance with Section 1415(i)(3) of Title 20 of the United States Code, the court, in its discretion, may award reasonable attorney’s fees as part of the costs to a prevailing party who is a state educational agency or local educational agency in the following circumstances:(A) Against the attorney of a parent who files a due process hearing request or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation.(B) Against the attorney of a parent, or against the parent, if the parent’s due process hearing request or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.(c) Public agencies shall not use federal funds distributed under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or other federal special education funds, for the agency’s own legal counsel or other advocacy costs, that may include, but are not limited to, a private attorney or employee of an attorney, legal paraprofessional, or other paid advocate, related to a due process hearing or the appeal of a hearing decision to the courts. Funds shall not be used to reimburse parents who prevail and are awarded attorney’s fees, pursuant to subdivision (b), as part of the judgment. Nothing in this subdivision shall preclude public agencies from using these funds for attorney services related to the establishment of policy and programs, or responsibilities, under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and the program administration of these programs. This subdivision does not apply to attorneys and others hired under contract to conduct administrative hearings pursuant to subdivision (a) of Section 56505.(d) The hearing decision shall indicate the extent to which each party has prevailed on each issue heard and decided, including issues involving other public agencies named as parties to the hearing.(Amended by Stats. 2007, Ch. 56, Sec. 87. Effective January 1, 2008.)
CA Educ Code § 56508 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 5 - Procedural Safeguards|Section 56508.

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 workshops on alternative resolutions for resolving differences in a nonadversarial atmosphere with the mutual goal of providing a free appropriate public education for children and youth with disabilities.(Amended by Stats. 2007, Ch. 56, Sec. 88. Effective January 1, 2008.)
CA Educ Code § 56509 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 5 - Procedural Safeguards|Section 56509.

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 process hearing request on an issue separate from a due process hearing request already filed.(Added by Stats. 2005, Ch. 653, Sec. 46. Effective October 7, 2005.)
CA Educ Code § 56520 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 5.5 - Behavioral Interventions|Section 56520.

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 program in a safe and healthy environment for all children regardless of possible physical, mental, or emotionally disabling conditions.(2) That some schoolage individuals with exceptional needs have significant behavioral challenges that have an adverse impact on their learning or the learning of other pupils, or both.(3) That Section 1400(c)(5)(F) of Title 20 of the United States Code states that research and experience demonstrate that the education of children with disabilities can be made more effective by providing incentives for positive behavioral interventions and supports to address the learning and behavioral needs of those children.(4) That procedures for the elimination of maladaptive behaviors shall not include those deemed unacceptable under Section 49001 or those that cause pain or trauma.(b) It is the intent of the Legislature:(1) That children exhibiting serious behavioral challenges receive timely and appropriate assessments and positive supports and interventions in accordance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and its implementing regulations.(2) That assessments and positive behavioral interventions and supports be developed and implemented in a manner informed by guidance from the United States Department of Education and technical assistance centers sponsored by the Office of Special Education Programs of the United States Department of Education.(3) That when behavioral interventions, supports, and other strategies are used, they be used in consideration of the pupil’s physical freedom and social interaction, be administered in a manner that respects human dignity and personal privacy, and that ensure a pupil’s right to placement in the least restrictive educational environment.(4) That behavioral intervention plans be developed and used, to the extent possible, in a consistent manner when the pupil is also the responsibility of another agency for residential care or related services.(5) That training programs be developed and implemented in institutions of higher education that train teachers and that in-service training programs be made available as necessary in school districts and county offices of education to ensure that adequately trained staff are available to work effectively with the behavioral intervention needs of individuals with exceptional needs.(Amended by Stats. 2013, Ch. 48, Sec. 41. (AB 86) Effective July 1, 2013.)
CA Educ Code § 56521 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 5.5 - Behavioral Interventions|Section 56521.

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 32 (commencing with Section 59000), or who is placed in a nonpublic school program pursuant to Sections 56365 to 56366.5, inclusive.(b) The Superintendent of Public Instruction shall monitor and supervise the implementation of this chapter.(Amended by Stats. 1992, Ch. 759, Sec. 38. Effective September 21, 1992.)
CA Educ Code § 56521.2 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 5.5 - Behavioral Interventions|Section 56521.2.

56521.2.  (a) A local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs pursuant to Sections 56365 and 56366, shall not authorize, order, consent to, or pay for the following interventions, or any other interventions similar to or like the following:(1) Any intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock.(2) An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the face of the individual.(3) An intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities.(4) An intervention that is designed to subject, used to subject, or likely to subject, the individual to verbal abuse, ridicule, or humiliation, or that can be expected to cause excessive emotional trauma.(5) Restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment, except that prone containment or similar techniques may be used by trained personnel as a limited emergency intervention.(6) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.(7) An intervention that precludes adequate supervision of the individual.(8) An intervention that deprives the individual of one or more of his or her senses.(b) In the case of a child whose behavior impedes the child’s learning or that of others, the individualized education program team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations.(Added by Stats. 2013, Ch. 48, Sec. 43. (AB 86) Effective July 1, 2013.)
CA Educ Code § 56524 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 5.5 - Behavioral Interventions|Section 56524.

56524.  The superintendent shall explore with representatives of institutions of higher education and the Commission on Teacher Credentialing, the current training requirements for teachers to ensure that sufficient training is available in appropriate behavioral interventions for people entering the field of education.(Added by Stats. 1990, Ch. 959, Sec. 1.)
CA Educ Code § 56525 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 5.5 - Behavioral Interventions|Section 56525.

56525.  (a) A person recognized by the national Behavior Analyst Certification Board as a Board Certified Behavior Analyst may conduct behavior assessments and provide behavioral intervention services for individuals with exceptional needs.(b) This section does not require a district, special education local plan area, or county office to use a Board Certified Behavior Analyst to conduct behavior assessments and provide behavioral intervention services for individuals with exceptional needs.(Amended by Stats. 2013, Ch. 48, Sec. 45. (AB 86) Effective July 1, 2013.)
CA Educ Code § 56600 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 6 - Evaluation, Audits, and Information|Section 56600.

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 purposes of the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), pursuant to subsection (d) of Section 1400 of Title 20 of the United States Code.(Amended by Stats. 2002, Ch. 492, Sec. 46. Effective January 1, 2003.)
CA Educ Code § 56600.6 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 6 - Evaluation, Audits, and Information|Section 56600.6.

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 1412(a)(15) of Title 20 of the United States Code by evaluating pupil performance against key performance indicators. As necessary, other data may be collected to support the state’s participation in national studies and evaluations described in Section 1474(a) of Title 20 of the United States Code.(b) The Superintendent shall monitor, provide technical assistance, and enforce this part, and Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) in accordance with Section 1416 of Title 20 of the United States Code, and Subpart F (commencing with Section 300.600) of Title 34 of the Code of Federal Regulations, and annually report to the United States Department of Education on performance.(c) Pursuant to Section 300.600(b) of Title 34 of the Code of Federal Regulations, the primary focus of the state’s monitoring activities shall be on the following:(1) Improving educational results and functional outcomes for all individuals with exceptional needs.(2) Ensuring that public agencies meet the program requirements under this part and under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), with a particular emphasis on those requirements that are most closely related to improving educational results for individuals with exceptional needs.(d) As part of state monitoring and enforcement, the Superintendent shall use quantifiable indicators and qualitative indicators as are needed to adequately measure performance in the indicators established by the United States Secretary of Education, and in the following priority areas specified in Section 300.600(d) of Title 34 of the Code of Federal Regulations:(1) Provision of a free appropriate public education in the least restrictive environment.(2) State exercise of general supervision, including child find, effective monitoring, the use of resolution meetings, mediation, and a system of transition services as defined in Section 1437(a)(9) of Title 20 of the United States Code and in Section 300.43 of Title 34 of the Code of Federal Regulations.(3) Disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification.(e) As part of the performance plan of the state, as required in Section 300.601 of Title 34 of the Code of Federal Regulations, the Superintendent shall collect valid and reliable information as needed to report annually to the United States Secretary of Education.(Amended by Stats. 2007, Ch. 454, Sec. 34. Effective October 10, 2007.)
CA Educ Code § 56601 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 6 - Evaluation, Audits, and Information|Section 56601.

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 Superintendent and developed in consultation with the special education local plan areas, in order for the Superintendent to carry out the evaluation responsibilities pursuant to Section 56602. This information shall include other statistical data, program information, and fiscal information that the Superintendent may require. The Superintendent shall use this information to answer questions from the Legislature and other state and federal agencies on program, policy, and fiscal issues of statewide interest.(b) In order to assist the state in evaluating the effectiveness of special education programs, including transition and work experience programs, the Superintendent shall, commencing with the 2017–18 fiscal year and phased in over a two-year period, assign a pupil identification number to individuals with exceptional needs for purposes of evaluating special education programs and related services. The Superintendent shall not disclose personally identifiable, individual pupil records to any person, institution, agency, or organization except as authorized by Section 1232g of Title 20 of the United States Code and Part 99 of Title 34 of the Code of Federal Regulations.(Amended by Stats. 2017, Ch. 561, Sec. 42. (AB 1516) Effective January 1, 2018.)
CA Educ Code § 56601.5 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 6 - Evaluation, Audits, and Information|Section 56601.5.

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 local plan area annually shall report to the Superintendent the number of pupils receiving special education services participating in the regular school and district assessments and the number participating in an alternate assessment process.(Amended by Stats. 2007, Ch. 56, Sec. 89. Effective January 1, 2008.)
CA Educ Code § 56602 (2021)
2021 California Code|Education Code - EDC|TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION|DIVISION 4 - INSTRUCTION AND SERVICES|PART 30 - SPECIAL EDUCATION PROGRAMS|CHAPTER 6 - Evaluation, Audits, and Information|Section 56602.

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 Code of Federal Regulations, the superintendent shall submit to the board, the Legislature, and the Governor, a biennial performance report of the special education programs implemented under this part.(Repealed and added by Stats. 2002, Ch. 492, Sec. 51. Effective January 1, 2003.)