reglab/statecodes huggingface dataset:
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 2.5 - Governance › ARTICLE 2 - Local Requirements › Section 56195.8.

56195.8. (a) Each entity providing special education under this part shall adopt policies for the programs and services it operates, consistent with agreements adopted pursuant to subdivision (b) or (c) of Section 56195.1 or Section 56195.7. The policies need not be submitted to the superintendent.
(b) The policies shall include, but not be limited to, all of the following:
(1) Nonpublic, nonsectarian services, including those provided pursuant to Sections 56365 and 56366.
(2) Review, at a general education or special education teacher’s request, of the assignment of an individual with exceptional needs to his or her class and a mandatory meeting of the individualized education program team if the review indicates a change in the pupil’s placement, instruction, related services, or any combination thereof. The procedures shall indicate which personnel are responsible for the reviews and a timetable for completion of the review.
(3) Procedural safeguards pursuant to Chapter 5 (commencing with Section 56500).
(4) Resource specialists pursuant to Section 56362.
(5) Transportation, where appropriate, which describes how special education transportation is coordinated with regular home-to-school transportation. The policy shall set forth criteria for meeting the transportation needs of special education pupils. The policy shall include procedures to ensure compatibility between mobile seating devices, when used, and the securement systems required by Federal Motor Vehicle Safety Standard No. 222 (49 C.F.R. 571.222) and to ensure that schoolbus drivers are trained in the proper installation of mobile seating devices in the securement systems.
(6) Information on the number of individuals with exceptional needs who are being provided special education and related services.
(7) Caseloads pursuant to Chapter 4.45 (commencing with Section 56440) of Part 30. The policies, with respect to caseloads, shall not be developed until guidelines or proposed regulations are issued pursuant to Section 56441.7. The guidelines or proposed regulations shall be considered when developing the caseload policy. A statement of justification shall be attached if the local caseload policy exceeds state guidelines or proposed regulations.
(c) The policies may include, but are not limited to, provisions for involvement of district and county governing board members in any due process hearing procedure activities conducted pursuant to, and consistent with, state and federal law.
(Added by Stats. 1997, Ch. 854, Sec. 12. Effective January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 2.5 - Governance › ARTICLE 2 - Local Requirements › Section 56195.9.

56195.9. (a)  The plan for special education shall be developed and updated cooperatively by a committee of representatives of special and regular teachers and administrators selected by the groups they represent and with participation by parent members of the community advisory committee, or parents selected by the community advisory committee, to ensure adequate and effective participation and communication.
(b) Commencing July 1, 2020, a special education local plan area shall review its local plan at least once every three years and update as needed to ensure information contained within the plan remains relevant and accurate. This requirement shall not be construed to change the annual budget plan, annual service plan, and annual assurances support plan requirements that are contained in Section 56205.
(Amended by Stats. 2018, Ch. 32, Sec. 92. (AB 1808) Effective June 27, 2018.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 2.5 - Governance › ARTICLE 2 - Local Requirements › Section 56195.10.

56195.10. Unless the process described in subdivision (i) of Section 56195.7 specifies an alternative method of distribution of state and local funds among the participating local educational agencies, the funds shall be distributed by the special education local plan area as allocated instructional personnel service units and operated as computed in Chapter 7 (commencing with Section 56700) as that chapter existed on December 31, 1998, or Chapter 7.1 (commencing with Section 56835).
(Added by Stats. 1998, Ch. 89, Sec. 29. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 3 - Elements of the Local Plan › ARTICLE 1.1 - State Requirements › Section 56205.5.

56205.5. (a) The superintendent or other chief administrator of a local educational agency shall post on the Internet Web site of the local educational agency any local plan, annual budget plan, annual service plan, and annual assurances support plan upon approval of the special education local plan area, and any updates or revisions to the plans upon approval of the special education local plan area.
(b) A county superintendent of schools shall do both of the following:
(1) Post on the Internet Web site of the county office any local plan, annual budget plan, annual service plan, and annual assurances support plan upon approval of the county office, and any updates or revisions to the plans upon approval of the county office.
(2) Post on the Internet Web site of the county office all local plans submitted by special education local plan areas in the county, or links to those plans.
(c) A complete copy of the local plan, annual budget plan, annual service plan, annual assurances support plan, and policies and procedures shall be held on file in the special education local plan area office and at each participating local educational agency, and shall be accessible to any interested party.
(Added by Stats. 2018, Ch. 32, Sec. 94. (AB 1808) Effective June 27, 2018.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 3 - Elements of the Local Plan › ARTICLE 1.1 - State Requirements › Section 56206.

56206. As a part of the local plan submitted pursuant to Section 56205, each special education local plan area shall describe how specialized equipment and services will be distributed within the local plan area in a manner that minimizes the necessity to serve pupils in isolated sites and maximizes the opportunities to serve pupils in the least restrictive environments.
(Added by Stats. 1997, Ch. 854, Sec. 15. Effective January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 3 - Elements of the Local Plan › ARTICLE 1.1 - State Requirements › Section 56207.

56207. (a) No educational programs and services already in operation in school districts or a county office of education pursuant to Part 30 (commencing with Section 56000) shall be transferred to another school district or a county office of education or from a county office of education to a school district unless the special education local plan area has developed a plan for the transfer which addresses, at a minimum, all of the following:
(1) Pupil needs.
(2) The availability of the full continuum of services to affected pupils.
(3) The functional continuation of the current individualized education programs of all affected pupils.
(4) The provision of services in the least restrictive environment from which affected pupils can benefit.
(5) The maintenance of all appropriate support services.
(6) The assurance that there will be compliance with all federal and state laws and regulations and special education local plan area policies.
(7) The means through which parents and staff were represented in the planning process.
(b) The date on which the transfer will take effect may be no earlier than the first day of the second fiscal year beginning after the date on which the sending or receiving agency has informed the other agency and the governing body or individual identified in subparagraph (A) of paragraph (12) of subdivision (a) of Section 56205, unless the governing body or individual identified in subparagraph (A) of paragraph (12) of subdivision (a) of Section 56205 unanimously approves the transfer taking effect on the first day of the first fiscal year following that date.
(c) If either the sending or receiving agency disagree with the proposed transfer, the matter shall be resolved by the alternative resolution process established pursuant to paragraph (5) of subdivision (b) of Section 56205.
(d) Notwithstanding Section 56208, this section shall apply to all special education local plan areas commencing on July 1, 1998, whether or not a special education local plan area has submitted a revised local plan for approval or has an approved revised local plan pursuant to Section 56836.03.
(Amended by Stats. 2001, Ch. 734, Sec. 55. Effective October 11, 2001.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 3 - Elements of the Local Plan › ARTICLE 1.1 - State Requirements › Section 56207.5.

56207.5. A request by a charter school to participate as a local educational agency in a special education local plan area may not be treated differently from a similar request made by a school district. In reviewing and approving a request by a charter school to participate as a local educational agency in a special education local plan area, the following requirements shall apply:
(a) The special education local plan area shall comply with Section 56140.
(b) The charter school shall participate in state and federal funding for special education and the allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section 56836.05 in the same manner as other local educational agencies of the special education local plan area.
(c) The charter school shall participate in governance of the special education local plan area in the same manner as other local educational agencies of the special education local plan area.
(Added by Stats. 1999, Ch. 78, Sec. 44.6. Effective July 7, 1999.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 3 - Elements of the Local Plan › ARTICLE 1.1 - State Requirements › Section 56208.

56208. This article shall apply to special education local plan areas that are submitting a revised local plan for approval pursuant to Section 56836.03 or that have an approved revised local plan pursuant to Section 56836.03.
(Added by Stats. 1997, Ch. 854, Sec. 15. Effective January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 3 - Elements of the Local Plan › ARTICLE 1.5 - Special Education Local Plan Areas with Small or Sparse Populations › Section 56211.

56211. A special education local plan area submitting a local plan, pursuant to subdivision (c) of Section 56195.1, which includes all of the school districts located in the county or counties submitting the plan, except those participating in a countywide special education local plan area located in an adjacent county, and which meets the criteria for special education local plan areas with small populations set forth in Section 56212, is eligible to request that designation in its local plan application.
This section shall become operative on July 1, 1998.
(Amended (as added by Stats. 1997, Ch. 854, Sec. 18) by Stats. 1998, Ch. 89, Sec. 33. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 3 - Elements of the Local Plan › ARTICLE 1.5 - Special Education Local Plan Areas with Small or Sparse Populations › Section 56212.

56212. An eligible special education local plan area, which submits a local plan under the provisions of Section 56211, may request designation as a necessary small special education local plan area if its total reported units of average daily attendance in kindergarten and grades 1 to 12, inclusive, is less than 15,000, and if it includes all of the school districts located in the county or counties participating in the local plan, except those districts participating in a countywide special education local plan area located in an adjacent county that also meets the criteria of this section.
This section shall become operative on July 1, 1998.
(Amended (as added by Stats. 1997, Ch. 854, Sec. 20) by Stats. 1998, Ch. 89, Sec. 34. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 3 - Elements of the Local Plan › ARTICLE 1.5 - Special Education Local Plan Areas with Small or Sparse Populations › Section 56214.

56214. For the 2020–21 fiscal year and each fiscal year thereafter, a necessary small special education local plan area, as described in Section 56212, shall receive, in addition to the funding it received in the 2019–20 fiscal year, an additional funding amount equal to the sum of both of the following:
(a) The amount it received in the 2019–20 fiscal year pursuant to subdivision (b) of Section 56213, as that section read on January 1, 2020.
(b) A proportional share of any additional funding provided for this purpose in the annual Budget Act.
(Added by Stats. 2020, Ch. 24, Sec. 65. (SB 98) Effective June 29, 2020.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 3 - Elements of the Local Plan › ARTICLE 3 - Staff Development › Section 56240.

56240. Staff development programs shall be provided for regular and special education teachers, administrators, certificated and classified employees, volunteers, community advisory committee members and, as appropriate, members of the district and county governing boards. The programs shall be coordinated with other staff development programs in the special education local plan area, including school level staff development programs authorized by state and federal law.
(Amended by Stats. 2007, Ch. 56, Sec. 33. Effective January 1, 2008.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 3 - Elements of the Local Plan › ARTICLE 3 - Staff Development › Section 56241.

56241. Staff development programs shall include, but not be limited to, all the following:
(a) Provision of opportunities for all school personnel, paraprofessionals, and volunteers to participate in ongoing development activities pursuant to a systematic identification of pupil and personnel needs.
(b) Be designed and implemented by classroom teachers and other participating school personnel, including the school principal. Teachers shall comprise the majority of any group designated to design local staff development programs for instructional personnel to be established pursuant to this part. Positive efforts shall be made to ensure the individuals with exceptional needs and parents of such individuals are involved in the design and implementation of staff development programs.
(c) Allowance for diversity in development activities, including, but not limited to, small groups, self-directed learning, and systematic observation during visits to other classrooms or schools.
(d) Scheduling of time which is set aside for such purpose throughout the school year, including, but not limited to, time when participating school personnel are released from their regular duties.
(e) Evaluation and modification on a continuing basis by participating school personnel with the aid of outside personnel, as necessary.
(f) Inclusion of the school principal and other administrative personnel as active participants in one or more staff development activities implemented pursuant to this chapter.
(g) Provision of a budget for reasonable and necessary expenses, relating to staff development programs.
(Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 3 - Elements of the Local Plan › ARTICLE 3 - Staff Development › Section 56243.

56243. It is the intent of the Legislature, pursuant to this article, that a local educational agency provide regular classroom teachers serving individuals with exceptional needs appropriate training each year relating to the needs of those individuals.
(Amended by Stats. 2007, Ch. 56, Sec. 34. Effective January 1, 2008.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 3 - Elements of the Local Plan › ARTICLE 3 - Staff Development › Section 56244.

56244. The superintendent shall, to the extent possible using federal and state funds appropriated for this purpose, provide staff development to child care center staff and family day care providers to improve child care services to individuals with exceptional needs.
(Added by Stats. 1990, Ch. 1596, Sec. 6.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 3 - Elements of the Local Plan › ARTICLE 3 - Staff Development › Section 56245.

56245. The Legislature encourages the inclusion, in local in-service training programs for regular education teachers and special education teachers in local educational agencies, of a component on the recognition of, and teaching strategies for, specific learning disabilities, including dyslexia and related disorders.
(Amended by Stats. 2007, Ch. 56, Sec. 35. Effective January 1, 2008.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 1 - Identification and Referral › Section 56300.

56300. A local educational agency shall actively and systematically seek out all individuals with exceptional needs, from birth to 21 years of age, inclusive, including children not enrolled in public school programs, who reside in a school district or are under the jurisdiction of a special education local plan area or a county office of education.
(Amended by Stats. 2008, Ch. 179, Sec. 56. Effective January 1, 2009.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 1 - Identification and Referral › Section 56302.

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 program to meet the assessed needs. Identification procedures shall include systematic methods of utilizing referrals of pupils from teachers, parents, agencies, appropriate professional persons, and from other members of the public. Identification procedures shall be coordinated with schoolsite procedures for referral of pupils with needs that cannot be met with modification of the regular instructional program.
(Amended by Stats. 2008, Ch. 179, Sec. 57. Effective January 1, 2009.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 1 - Identification and Referral › Section 56302.1.

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 and to determine the educational needs of the child, these determinations shall be made, and an individualized education program meeting shall occur, within 60 days of receiving parental consent for the assessment in accordance with subparagraph (C) of paragraph (1) of subsection (a) of Section 1414 of Title 20 of the United States Code.
(b) The 60-day time period does not apply to a local educational agency if either of the following occurs:
(1) A child enrolls in a school served by the local educational agency after the relevant time period has commenced but prior to a determination by his or her previous local educational agency of whether the child is an individual with exceptional needs. The exemption of this paragraph applies only if the subsequent local educational agency is making sufficient progress to ensure a prompt completion of the assessment, and the parent and subsequent local educational agency agree to a specific date by which the assessment shall be completed.
(2) The parent of a child repeatedly fails or refuses to produce the child for the assessment.
(Added by Stats. 2005, Ch. 653, Sec. 16. Effective October 7, 2005.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 1 - Identification and Referral › Section 56302.5.

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 provided in Section 1414 of Title 20 of the United States Code.
(Added by Stats. 1998, Ch. 691, Sec. 26. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 1 - Identification and Referral › Section 56303.

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, where appropriate, utilized.
(Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 1 - Identification and Referral › Section 56304.

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 be afforded an opportunity to participate in meetings with respect to the identification, assessment, and educational placement, pursuant to Section 56342.5 and subdivisions (b) and (c) of Section 56341.5, of the pupil and with respect to the provision of a free appropriate public education, as provided in Section 300.501 of Title 34 of the Code of Federal Regulations.
(b) In accordance with subsection (f) of Section 1414 of Title 20 of the United States Code, when conducting individualized education program meetings and placement meetings pursuant to this part, and when carrying out administrative matters under Chapter 5 (commencing with Section 56500), including scheduling exchange of witness lists and status conferences, the parent of an individual with exceptional needs and a local educational agency may agree to use alternative means of meeting participation, such as video conferences and conference calls.
(Amended by Stats. 2005, Ch. 653, Sec. 17. Effective October 7, 2005.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2 - Assessment › Section 56320.1.

56320.1. All identification, evaluation, and assessment procedures for individuals with exceptional needs who are younger than three years of age shall be provided pursuant to Chapter 4.4 (commencing with Section 56425) and the California Early Intervention Services Act, Title 14 (commencing with Section 95000) of the Government Code.
(Added by Stats. 1993, Ch. 1296, Sec. 14.4. Effective October 11, 1993.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2 - Assessment › Section 56321.1.

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) of subsection (a) of Section 1414 of Title 20 of the United States Code, make reasonable efforts to obtain the informed consent from the parent, as defined in Section 56028, of the child for an initial assessment to determine whether the child is an individual with exceptional needs.
(Added by Stats. 2005, Ch. 653, Sec. 20. Effective October 7, 2005.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2 - Assessment › Section 56321.5.

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 specified in subdivision (g) of Section 56341.1.
(Amended by Stats. 2007, Ch. 56, Sec. 39. Effective January 1, 2008.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2 - Assessment › Section 56321.6.

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 impaired, or deaf-blind.
(Added by Stats. 2008, Ch. 245, Sec. 1. Effective January 1, 2009.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2 - Assessment › Section 56322.

56322. The assessment shall be conducted by persons competent to perform the assessment, as determined by the local educational agency.
(Amended by Stats. 2007, Ch. 56, Sec. 40. Effective January 1, 2008.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2 - Assessment › Section 56323.

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 standards established by the board and upon a recommendation by the individualized education program team.
(Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2 - Assessment › Section 56324.

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 trained and prepared to assess cultural and ethnic factors appropriate to the pupil being assessed.
(b) Any health assessment of pupils shall be made in accordance with Section 56320 and shall be conducted by a credentialed school nurse or physician who is trained and prepared to assess cultural and ethnic factors appropriate to the pupil being assessed.
(Amended by Stats. 1980, Ch. 1353, Sec. 53. Effective September 30, 1980.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2 - Assessment › Section 56326.

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.
(Amended by Stats. 1992, Ch. 759, Sec. 30. Effective September 21, 1992.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2 - Assessment › Section 56327.

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 not be limited to, all the following:
(a) Whether the pupil may need special education and related services.
(b) The basis for making the determination.
(c) The relevant behavior noted during the observation of the pupil in an appropriate setting.
(d) The relationship of that behavior to the pupil’s academic and social functioning.
(e) The educationally relevant health and development, and medical findings, if any.
(f)  For pupils with learning disabilities, whether there is such a discrepancy between achievement and ability that it cannot be corrected without special education and related services.
(g) A determination concerning the effects of environmental, cultural, or economic disadvantage, where appropriate.
(h) The need for specialized services, materials, and equipment for pupils with low incidence disabilities, consistent with guidelines established pursuant to Section 56136.
(Amended by Stats. 1982, Ch. 1334, Sec. 4.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2 - Assessment › Section 56328.

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 for under Section 56336.2 as it read prior to July 28, 1980, to provide the services required by this chapter.
(Amended by Stats. 2008, Ch. 179, Sec. 58. Effective January 1, 2009.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2 - Assessment › Section 56330.

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 for the purpose of determining if a child is an individual with exceptional needs under Section 56026.
(Amended by Stats. 2007, Ch. 56, Sec. 42. Effective January 1, 2008.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2.4 - Eligibility Criteria for Special Education and Related Services on the Basis of Other Health Impairment › Section 56332.

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 California Code of Regulations.
(Added by Stats. 2022, Ch. 611, Sec. 1. (SB 1016) Effective January 1, 2023.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2.5 - Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities › Section 56333.

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 demonstrates difficulty understanding or using language to such an extent that it adversely affects the pupil’s educational performance and cannot be corrected without special education and related services. In order to be eligible for special education and related services, difficulty in understanding or using language shall be assessed by a speech-language pathologist who determines that such difficulty results from any of the following disorders:
(a) Speech sound disorder, characterized by deficits in the pupil’s production of speech sounds that significantly interferes with communication and attracts adverse attention.
(b) Voice disorder, characterized by persistent, deficits in voice quality, pitch, intensity, or resonance. A medical examination shall be conducted, where appropriate.
(c) Fluency disorder, characterized by persistent deficits in the flow of verbal expression to such a degree that these difficulties adversely affect communication between the pupil and listener.
(d) Language disorder, characterized by inappropriate or inadequate acquisition, comprehension, or expression of language such that the pupil’s language performance level is found to be significantly below the language performance level of the pupil’s peers.
(e) Hearing impairment or deafness that contributes to or results in a language or speech disorder and significantly affects educational performance.
(Amended by Stats. 2021, Ch. 666, Sec. 99. (AB 486) Effective January 1, 2022.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2.5 - Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities › Section 56334.

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 of Regulations.
(Added by Stats. 2015, Ch. 647, Sec. 1. (AB 1369) Effective January 1, 2016.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2.5 - Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities › Section 56335.

56335. (a) The Superintendent shall develop program guidelines for dyslexia to be used to assist regular education teachers, special education teachers, and parents to identify and assess pupils with dyslexia, and to plan, provide, evaluate, and improve educational services to pupils with dyslexia. For purposes of this section, “educational services” means an evidence-based, multisensory, direct, explicit, structured, and sequential approach to instructing pupils who have dyslexia.
(b) The program guidelines shall include, but shall not be limited to, characteristics typical of pupils with dyslexia and strategies for their remediation, as well as information to assist educators in distinguishing between characteristics of dyslexia and characteristics of normal growth and development.
(c) In developing program guidelines pursuant to subdivision (a), the Superintendent shall consult with teachers, school administrators, other educational professionals, medical professionals, parents, and other professionals involved in the identification and education of pupils with dyslexia.
(d) The Superintendent shall complete the program guidelines in time for use no later than the beginning of the 2017–18 academic year.
(e) The Superintendent shall disseminate the program guidelines through the department’s Internet Web site and provide technical assistance regarding their use and implementation to parents, teachers, school administrators, and faculty members in teacher training programs of institutions of higher education.
(Added by Stats. 2015, Ch. 647, Sec. 2. (AB 1369) Effective January 1, 2016.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2.5 - Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities › Section 56337.

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 psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or perform mathematical calculations. The term “specific learning disability” includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. That term does not include a learning problem that is primarily the result of visual, hearing, or motor disabilities, of intellectual disabilities, of emotional disturbance, or of environmental, cultural, or economic disadvantage.
(b) Notwithstanding any other law and pursuant to Section 1414(b)(6) of Title 20 of the United States Code, in determining whether a pupil has a specific learning disability as defined in subdivision (a), a local educational agency is not required to take into consideration whether a pupil has a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning.
(c) In determining whether a pupil has a specific learning disability, a local educational agency may use a process that determines if the pupil responds to scientific, research-based intervention as a part of the assessment procedures described in Section 1414(b)(2) and (3) of Title 20 of the United States Code and covered in Sections 300.307 to 300.311, inclusive, of Title 34 of the Code of Federal Regulations.
(Amended by Stats. 2011, Ch. 347, Sec. 34. (SB 942) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2.5 - Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities › Section 56337.5.

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 of Title 5 of the California Code of Regulations for the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) category of specific learning disabilities is entitled to special education and related services.
(b) If a pupil who exhibits the characteristics of dyslexia or another related reading dysfunction is not found to be eligible for special education and related services pursuant to subdivision (a), the pupil’s instructional program shall be provided in the regular education program.
(c) It is the intent of the Legislature that the program guidelines developed pursuant to Section 2 of Chapter 1501 of the Statutes of 1990, for specific learning disabilities, including dyslexia and other related disorders, be available for use by teachers and parents in order for them to have knowledge of the strategies that can be utilized with pupils for the remediation of the various types of specific learning disabilities.
(Amended by Stats. 2016, Ch. 186, Sec. 54. (AB 2659) Effective January 1, 2017.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2.5 - Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities › Section 56338.

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 perceptual or visual motor dysfunction.
(Added by Stats. 1980, Ch. 1353, Sec. 57. Effective September 30, 1980.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 2.6 - Attention Deficit and Hyperactivity Disorders › Section 56339.

56339. (a) A pupil whose educational performance is adversely affected by a suspected or diagnosed attention deficit disorder or attention deficit hyperactivity disorder and demonstrates a need for special education and related services by meeting eligibility criteria specified in paragraph (4) or (9) of subdivision (b) of Section 3030 of Title 5 of the California Code of Regulations or Section 56337 and paragraph (10) of subdivision (b) of Section 3030 of Title 5 of the California Code of Regulations for the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) categories of “emotional disturbance,” “other health impairments,” or “specific learning disabilities,” is entitled to special education and related services.
(b) If a pupil with an attention deficit disorder or attention deficit hyperactivity disorder is not found to be eligible for special education and related services pursuant to subdivision (a), the pupil’s instructional program shall be provided in the regular education program.
(c) It is the intent of the Legislature that local educational agencies promote coordination between special education and regular education programs to ensure that all pupils, including those with attention deficit disorders or attention deficit hyperactivity disorders, receive appropriate instructional interventions.
(d) It is further the intent of the Legislature that regular education teachers and other personnel be trained to develop an awareness about attention deficit disorders and attention deficit hyperactivity disorders and the manifestations of those disorders, and the adaptations that can be implemented in regular education programs to address the instructional needs of pupils having these disorders.
(Amended by Stats. 2016, Ch. 186, Sec. 55. (AB 2659) Effective January 1, 2017.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 3 - Instructional Planning and Individualized Education Program › Section 56340.

56340. A local educational agency shall initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs in accordance with Section 300.323(c) of Title 34 of the Code of Federal Regulations.
(Amended by Stats. 2007, Ch. 56, Sec. 44. Effective January 1, 2008.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 3 - Instructional Planning and Individualized Education Program › Section 56340.1.

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 (commencing with Section 56425) and the California Early Intervention Services Act, Title 14 (commencing with Section 95000) of the Government Code.
(Added by Stats. 1993, Ch. 1296, Sec. 14.5. Effective October 11, 1993.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 3 - Instructional Planning and Individualized Education Program › Section 56341.2.

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 California Code of Regulations, by the juvenile court pursuant to Section 300, 601, or 602 of the Welfare and Institutions Code, the district, special education local plan area, or county office shall invite to the individualized education program team meetings a representative of the group home.
(b) This section shall not be construed to delay the individualized education program process or to change the individualized education program team requirements of subdivision (b) of Section 56341.
(Added by Stats. 2003, Ch. 413, Sec. 1. Effective January 1, 2004.)