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 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 3 - Instructional Planning and Individualized Education Program › Section 56342.

56342. (a) The individualized education program team shall review the assessment results, determine eligibility, determine the content of the individualized education program, consider local transportation policies and criteria developed pursuant to paragraph (5) of subdivision (b) of Section 56195.8, and make program placement recommendations.
(b) In determining the program placement of an individual with exceptional needs, a local educational agency shall ensure that the placement decisions and the child’s placement are made in accordance with Sections 300.114 to 300.118, inclusive, of Title 34 of the Code of Federal Regulations.
(Amended by Stats. 2007, Ch. 56, Sec. 46. 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 56342.1.

56342.1. Before a local educational agency places an individual with exceptional needs in, or refers an individual to, a nonpublic, nonsectarian school, the district, special education local plan area, or county office of education shall initiate and conduct a meeting to develop an individualized education program in accordance with Sections 56341.1 and 56345 and in accordance with Section 300.325(a) of Title 34 of the Code of Federal Regulations. An individual with exceptional needs shall not be referred to, or placed in, a nonpublic, nonsectarian school unless his or her individualized education program specifies that the placement is appropriate.
(Amended by Stats. 2012, Ch. 571, Sec. 4. (SB 121) Effective January 1, 2013.)
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 56342.5.

56342.5. A local educational agency shall ensure that the parent of each individual with exceptional needs is a member of any group that makes decisions on the educational placement of the individual with exceptional needs.
(Amended by Stats. 2007, Ch. 56, Sec. 48. 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 56343.

56343. An individualized education program team shall meet whenever any of the following occurs:
(a) A pupil has received an initial formal assessment. The team may meet when a pupil receives any subsequent formal assessment.
(b) The pupil demonstrates a lack of anticipated progress.
(c) The parent or teacher requests a meeting to develop, review, or revise the individualized education program.
(d) At least annually, to review the pupil’s progress, the individualized education program, including whether the annual goals for the pupil are being achieved, and the appropriateness of placement, and to make any necessary revisions. The individualized education program team conducting the annual review shall consist of those persons specified in subdivision (b) of Section 56341. Other individuals may participate in the annual review if they possess expertise or knowledge essential for the review.
(Amended by Stats. 1998, Ch. 691, Sec. 30. 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 3 - Instructional Planning and Individualized Education Program › Section 56343.5.

56343.5. A meeting of an individualized education program team requested by a parent to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 days, not counting days between the pupil’s regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parent’s written request. If a parent makes an oral request, the local educational agency shall notify the parent of the need for a written request and the procedure for filing a written request.
(Amended by Stats. 2007, Ch. 56, Sec. 49. 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 56344.

56344. (a) An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 days, not counting days between the pupil’s regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parent’s written consent for assessment, unless the parent agrees, in writing, to an extension. However, an individualized education program required as a result of an assessment of a pupil shall be developed within 30 days after the commencement of the subsequent regular school year as determined by each local educational agency’s school calendar for each pupil for whom a referral has been made 30 days or less prior to the end of the regular school year. In the case of pupil school vacations, the 60-day time shall recommence on the date that pupil schooldays reconvene. A meeting to develop an initial individualized education program for the pupil shall be conducted within 30 days of a determination that the pupil needs special education and related services pursuant to Section 300.323(c)(1) of Title 34 of the Code of Federal Regulations.
(b) Pursuant to Section 300.323(c)(2) of Title 34 of the Code of Federal Regulations, as soon as possible following development of the individualized education program, special education and related services shall be made available to the individual with exceptional needs in accordance with the individual’s individualized education program.
(c) Each local educational agency shall have an individualized education program in effect for each individual with exceptional needs within its jurisdiction at the beginning of each school year in accordance with subdivision (a) and pursuant to Section 300.323(a) and (b) of Title 34 of the Code of Federal Regulations.
(Amended by Stats. 2007, Ch. 454, Sec. 19. Effective October 10, 2007.)
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 56345.1.

56345.1. (a) The term “transition services,” as defined in Section 1401(34) of Title 20 of the United States Code and as used in subparagraph (B) of paragraph (8) of subdivision (a) of Section 56345, means a coordinated set of activities for an individual with exceptional needs that does all of the following:
(1) Is designed within an results-oriented process, that is focused on improving the academic and functional achievement of the individual with exceptional needs to facilitate the movement of the pupil from school to postschool activities, including postsecondary education, vocational education, integrated employment, including supported employment, continuing and adult education, adult services, independent living, or community participation.
(2) Is based upon the individual needs of the pupil, taking into account the strengths, preferences, and interests of the pupil.
(3) Includes instruction, related services, community experiences, the development of employment and other postschool adult living objectives, and, if appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.
(b) In accordance with Section 300.43(b) of Title 34 of the Code of Federal Regulations, transition services for individuals with exceptional needs may be special education, if provided as specially designed instruction, or a designated instruction and service, if required to assist a pupil to benefit from special education.
(c) If a participating agency, other than the local educational agency, fails to provide the transition services described in the individualized education program of the pupil in accordance with Section 1414(d)(6) of Title 20 of the United States Code and paragraph (8) of subdivision (a) of Section 56345, the local educational agency shall reconvene the individualized education program team to identify alternative strategies to meet the transition service needs for the pupil set out in the program.
(Amended by Stats. 2007, Ch. 454, Sec. 21. Effective October 10, 2007.)
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 56345.2.

56345.2. (a) Pursuant to Section 300.107 of Title 34 of the Code of Federal Regulations, each public agency shall take steps, including the provision of supplementary aids and services determined appropriate and necessary by the individualized education program team of the individual with exceptional needs, to provide nonacademic and extracurricular services and activities in the manner necessary to afford individuals with exceptional needs an equal opportunity for participation in those services and activities.
(b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with exceptional needs, and employment of pupils, including both employment by the public agency and assistance in making outside employment available.
(c) Pursuant to Section 300.117 of Title 34 of the Code of Federal Regulations, each public agency shall ensure that each individual with exceptional needs participates with nondisabled children in extracurricular services and activities to the maximum extent appropriate to the needs of that individual. Each public agency shall ensure that each individual with exceptional needs has the supplementary aids and services determined by the individualized education program team of the individual to be appropriate and necessary for the individual to participate in nonacademic settings.
(Added by Stats. 2007, Ch. 454, Sec. 22. Effective October 10, 2007.)
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 56345.5.

56345.5. Except as prescribed in subdivision (b) of Section 56324, nothing in this part shall be construed to authorize local educational agencies to prescribe health care services.
(Amended by Stats. 2007, Ch. 56, Sec. 50. 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 56347.

56347. A local educational agency, prior to the placement of the individual with exceptional needs, shall ensure that the regular teacher or teachers, the special education teacher or teachers, and other persons who provide special education, related services, or both to the individual with exceptional needs have access to the pupil’s individualized education program, shall be knowledgeable of the content of the individualized education program, and shall be informed of his or her specific responsibilities related to implementing a pupil’s individualized education program and the specific accommodations, modifications and supports that shall be provided for the pupil in accordance with the individualized education program, pursuant to Section 300.323(d) of Title 34 of the Code of Federal Regulations. A copy of each individualized education program shall be maintained at each schoolsite where the pupil is enrolled. Service providers from other agencies who provide instruction or a related service to the individual off the schoolsite shall be provided a copy of the individualized education program. All individualized education programs shall be maintained in accordance with state and federal pupil record confidentiality laws.
(Amended by Stats. 2007, Ch. 56, Sec. 51. 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 3.5 - Individualized Education Program for Visually Impaired Pupils › Section 56350.

56350. Unless the context otherwise requires, the definitions set forth in this section shall govern the construction of this article.
(a) A “functionally blind pupil” means a pupil who relies basically on senses other than vision as major channels for learning.
(b) A “pupil with low vision” means a pupil who uses vision as a channel for learning, but who may also benefit from instruction in braille.
(c) A “visually impaired pupil” means a pupil who is functionally blind or a pupil with low vision. For purposes of this article, a “visually impaired pupil” does not include a pupil who is eligible for special education and related services based on a specific learning disability identified pursuant to Section 56338.
(d) (1) “Braille” means the system of reading and writing through touch commonly known as Unified English Braille.
(2) Nothing in paragraph (1) shall be construed to prohibit the use of Nemeth Code for Mathematics and Science Notation in the teaching of mathematics and science, the use of Music Braille Code, or the use of International Phonetic Alphabet Braille Code.
(Amended by Stats. 2018, Ch. 85, Sec. 1. (AB 3223) Effective January 1, 2019.)
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 3.5 - Individualized Education Program for Visually Impaired Pupils › Section 56351.

56351. Local educational agencies shall provide opportunities for braille instruction for pupils who, due to a prognosis of visual deterioration, may be expected to have a need for braille as a reading medium.
(Amended by Stats. 2007, Ch. 56, Sec. 52. 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 3.5 - Individualized Education Program for Visually Impaired Pupils › Section 56351.5.

56351.5. (a) (1) A local educational agency may reinforce braille instruction using a braille instructional aide who meets the criteria set forth in paragraph (2) under the supervision of a teacher who holds an appropriate credential, as determined by the Commission on Teacher Credentialing, to teach pupils who are functionally blind or visually impaired. This instruction shall be in accordance with the individualized education program of the pupil.
(2) For purposes of this section, a braille instructional aide shall demonstrate to the supervising teacher that the aide is fluent in reading and writing grade 2 braille and possesses basic knowledge of the rules of braille construction.
(b) A local educational agency that employs a braille instructional aide shall provide the aide with information regarding teaching credential programs, including the California Classified School Employee Teacher Credentialing Program (Article 12 (commencing with Section 44391) of Chapter 2 of Part 25 of Division 3) and the Teacher Education Internship Act of 1967 (Article 3 (commencing with Section 44450) of Chapter 3 of Part 25 of Division 3).
(Amended by Stats. 2023, Ch. 15, Sec. 1. (AB 497) Effective January 1, 2024.)
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 3.5 - Individualized Education Program for Visually Impaired Pupils › Section 56351.7.

56351.7. (a) The Superintendent of Public Instruction shall form an advisory task force to develop standards for the mastery of the braille code as a child progresses through kindergarten to grade 12, inclusive.
(b) The task force shall include, but shall not be limited to, members approved by the State Board of Education representing all of the following:
(1) Parents of visually impaired pupils.
(2) Teachers of visually impaired pupils.
(3) Researchers in the field of visual impairment.
(4) Braille experts.
(5) Groups that advocate for teaching of, and use of, braille.
(6) Groups that advocate for the visually impaired.
(c) The task force shall report to the Governor and to the education committees of the Assembly and the Senate by June 30, 2004.
(Added by Stats. 2002, Ch. 653, Sec. 1. Effective January 1, 2003.)
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 3.5 - Individualized Education Program for Visually Impaired Pupils › Section 56351.8.

56351.8. (a) The Superintendent shall utilize the advisory task force established pursuant to Section 56351.7 to develop standards for pupils described in subdivision (b) to learn, and to achieve mastery of, the braille mathematics code as they progress through kindergarten and grades 1 to 12, inclusive.
(b) The standards described in subdivision (a) shall be developed for pupils who, due to a visual impairment, are functionally blind or may be expected to have a need to learn the braille code as their primary literacy mode for learning.
(c) The task force shall, by March 1, 2006, report to the state board with the standards it develops pursuant to subdivision (a).
(Added by Stats. 2005, Ch. 530, Sec. 2. Effective January 1, 2006.)
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 3.5 - Individualized Education Program for Visually Impaired Pupils › Section 56351.9.

56351.9. (a) By June 1, 2006, the state board shall adopt braille reading and mathematics standards for pupils who, due to a visual impairment, are functionally blind or may be expected to have a need to learn the braille code as their primary literacy mode for learning.
(b) County offices of education, school districts, and special education local plan areas shall provide to pupils described in subdivision (a) opportunities for instruction to master the braille reading and mathematics standards described in subdivision (a).
(Added by Stats. 2005, Ch. 530, Sec. 3. Effective January 1, 2006.)
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 3.5 - Individualized Education Program for Visually Impaired Pupils › Section 56352.

56352. (a) A functional vision assessment conducted pursuant to Section 56320 shall be used as one criterion in determining the appropriate reading medium or media for the pupil.
(b) An assessment of braille skills shall be required for functionally blind pupils who have the ability to read in accordance with guidelines established pursuant to Section 56136. A local educational agency may provide pupils with low vision with the opportunity to receive assessments to determine the appropriate reading medium or media, including braille instruction, for the pupils.
(c) The determination, by a pupil’s individualized education program team, of the most appropriate medium or media, including braille, for functionally blind pupils who have the ability to read shall use as one criterion the assessment provided for pursuant to subdivision (b) and shall be in accordance with guidelines established pursuant to Section 56136.
(d) Except as provided in subdivision (b) of Section 56351.5, braille instruction shall be provided by a teacher who holds an appropriate credential, as determined by the Commission on Teacher Credentialing, to teach pupils who are functionally blind or visually impaired.
(e) Each visually impaired pupil shall be provided with the opportunity to receive an assessment to determine the appropriate reading medium or media, including braille instruction, if appropriate, for that pupil.
(Amended by Stats. 2007, Ch. 56, Sec. 54. 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 3.5 - Individualized Education Program for Visually Impaired Pupils › Section 56353.

56353. (a) The Legislature finds and declares that the expanded core curriculum is a set of knowledge and skills in which instruction or services, or both, may be beneficial to a pupil who is blind, has low vision, or is visually impaired. Local educational agencies may consider the expanded core curriculum when developing individualized education programs for a pupil who is blind, has low vision, or is visually impaired.
(b) The expanded core curriculum is defined to be all of the following:
(1) Compensatory skills, such as braille and concept development and other skills needed to access the core curriculum.
(2) Orientation and mobility.
(3) Social interaction skills.
(4) Career technical education.
(5) Assistive technology, including optical devices.
(6) Independent living skills.
(7) Recreation and leisure.
(8) Self-determination.
(9) Sensory efficiency.
(c) When appropriate to ensure that a pupil will receive adequate services under this section, those services may be provided before or after school hours.
(d) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
(Added by Stats. 2019, Ch. 778, Sec. 2. (AB 947) Effective January 1, 2020.)
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 3.5 - Individualized Education Program for Visually Impaired Pupils › Section 56354.

56354. (a) (1) If an orientation and mobility evaluation is determined to be needed for a pupil who is blind, has low vision, or is visually impaired, it shall be conducted by a person who is appropriately certified as an orientation and mobility specialist.
(2) The orientation and mobility evaluations described in paragraph (1) shall occur in familiar and unfamiliar environments, in varying lighting conditions, and in the home, school, and community, as appropriate.
(b) Except as specified in subdivision (c), a local educational agency shall not impose any limitations that result in the preclusion or the limitation of the ability of a pupil to receive instruction in orientation and mobility services in the home, school, or community setting and in varying lighting conditions, as designated in the pupil’s individualized education program and provided for pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(c) (1) A local educational agency may require annual written parental consent to provide the services described in subdivision (b) when those services are provided before or after regular school hours and when those services are provided away from the schoolsite.
(2) If a local educational agency prohibits an orientation and mobility specialist from using their vehicles for the transportation of pupils to and from orientation and mobility instruction, the local educational agency shall provide, without cost to the orientation and mobility specialist, an equally effective transportation alternative for that purpose.
(d) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
(Added by Stats. 2019, Ch. 778, Sec. 3. (AB 947) Effective January 1, 2020.)
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 4 - Implementation › Section 56360.

56360. Each special education local plan area shall ensure that a continuum of program options is available to meet the needs of individuals with exceptional needs for special education and related services, as required by the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and federal regulations relating thereto.
(Amended by Stats. 1997, Ch. 854, Sec. 29. 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 4 - Identification and Referral, Assessment, Instructional Planning, Implementation,and Review › ARTICLE 4 - Implementation › Section 56361.

56361. The continuum of program options shall include, but not necessarily be limited to, all of the following or any combination of the following:
(a) Regular education programs consistent with subparagraph (A) of paragraph (5) of subsection (a) of Section 1412 of Title 20 of the United States Code and implementing regulations.
(b) A resource specialist program pursuant to Section 56362.
(c) Designated instruction and services pursuant to Section 56363.
(d) Special classes pursuant to Section 56364.2.
(e) Nonpublic, nonsectarian school services pursuant to Section 56365.
(f) State special schools pursuant to Section 56367.
(g) Instruction in settings other than classrooms where specially designed instruction may occur.
(h) Itinerant instruction in classrooms, resource rooms, and settings other than classrooms where specially designed instruction may occur to the extent required by federal law or regulation.
(i) Instruction using telecommunication, and instruction in the home, in hospitals, and in other institutions to the extent required by federal law or regulation.
(Amended by Stats. 2004, Ch. 896, Sec. 59. Effective September 29, 2004.)
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 4 - Implementation › Section 56361.2.

56361.2. All special education and related services for any individual with exceptional needs who is younger than three years of age shall be provided pursuant to Chapter 4.4 (commencing with Section 56425).
(Added by Stats. 1986, Ch. 1296, Sec. 5.5. Operative July 1, 1987, by Sec. 25 of Ch. 1296.)
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 4 - Implementation › Section 56361.5.

56361.5. (a) In addition to the continuum of program options listed in Section 56361, a local educational agency may contract with a hospital to provide designated instruction and services, as defined in subdivision (b) of Section 56363, required by the individual with exceptional needs, as specified in the individualized education program. However, a local educational agency shall not contract with a sectarian hospital for instructional services. A local educational agency shall contract with a hospital for designated instruction and services required by the individual with exceptional needs only when no appropriate public education program is available.
For purposes of this section, “hospital” means a health care facility licensed by the State Department of Health Care Services.
(b) Contracts with hospitals pursuant to subdivision (a) shall be subject to the procedures prescribed in Sections 56365, 56366, and 56366.5.
(Amended by Stats. 2007, Ch. 56, Sec. 55. 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 4 - Implementation › Section 56362.

56362. (a) The resource specialist program shall provide, but not be limited to, all of the following:
(1) Provision for a resource specialist or specialists who shall provide instruction and services for those pupils whose needs have been identified in an individualized education program developed by the individualized education program team and who are assigned to regular classroom teachers for a majority of a schoolday.
(2) Provision of information and assistance to individuals with exceptional needs and their parents.
(3) Provision of consultation, resource information, and material regarding individuals with exceptional needs to their parents and to regular staff members.
(4) Coordination of special education services with the regular school programs for each individual with exceptional needs enrolled in the resource specialist program.
(5) Monitoring of pupil progress on a regular basis, participation in the review and revision of individualized education programs, as appropriate, and referral of pupils who do not demonstrate appropriate progress to the individualized education program team.
(6) Emphasis at the secondary school level on academic achievement, career and vocational development, and preparation for adult life.
(b) The resource specialist program shall be under the direction of a resource specialist who is a credentialed special education teacher, or who has a clinical services credential with a special class authorization, who has had three or more years of teaching experience, including both regular and special education teaching experience, as defined by rules and regulations of the Commission on Teacher Credentialing, and who has demonstrated the competencies for a resource specialist, as established by the Commission on Teacher Credentialing.
(c) Caseloads for resource specialists shall be stated in the local policies developed pursuant to Section 56195.8 and in accordance with regulations established by the board. No resource specialist shall have a caseload which exceeds 28 pupils.
(d) Resource specialists shall not simultaneously be assigned to serve as resource specialists and to teach regular classes.
(e) Resource specialists shall not enroll a pupil for a majority of a schoolday without approval by the pupil’s individualized education program team.
(f) At least 80 percent of the resource specialists within a local plan shall be provided with an instructional aide.
(Amended by Stats. 2007, Ch. 56, Sec. 56. 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 4 - Implementation › Section 56362.1.

56362.1. For the purposes of Section 56362, “caseload” shall include, but not be limited to, all pupils for whom the resource specialist performs any of the services described in subdivision (a) of Section 56362.
(Added by Stats. 1981, Ch. 972, Sec. 5.)
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 4 - Implementation › Section 56362.5.

56362.5. By July 1982, the Commission on Teacher Credentialing shall adopt rules and regulations for a resource specialist certificate of competence. The certificate shall provide all the following:
(a) Definition of the competencies required of a resource specialist.
(b) Provision for a system of direct application to the commission for a certificate of competence for each teacher who holds a valid special education credential, other than an emergency credential, and who satisfies any one of the following criteria:
(1) Provided instruction and services as specified in subdivision (a) of Section 80070.1 of Title 5 of the California Administrative Code as it read immediately prior to July 28, 1980, for two years prior to September 1, 1981.
(2) Provided instruction and services as specified in subdivision (b) of Section 80070.2 of Title 5 of the California Administrative Code as it read immediately prior to July 28, 1980, for two years prior to June 30, 1983.
(c) Provision for the issuance, for up to three years, of a preliminary nonrenewable certificate of competence for the resource specialist, and adoption of the standards for the issuance and continuing validity of such a certificate.
(d) Establishment of a system for verification of competencies through both of the following:
(1) Commission on Teacher Credentialing approved institution of higher education resource specialist certificate program.
(2) Commission on Teacher Credentialing approved competency assessment panels for resource specialist certification.
(e) Cooperation with the department in implementing these provisions.
Notwithstanding any other provision of law, any person who held a preliminary resource specialist certificate of competence on January 28, 1982, and who met the requirements for a clear resource specialist certificate of competence as specified in paragraph (1) of subdivision (b) may be issued a clear resource specialist certificate of competence upon submission of a completed application, but without any additional fee.
(Amended by Stats. 1984, Ch. 144, Sec. 27.)
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 4 - Implementation › Section 56362.7.

56362.7. (a) The Legislature recognizes the need for specially trained professionals to assess and serve pupils of limited English proficiency. This is particularly true of pupils with exceptional needs or pupils with suspected disabilities.
(b) The commission shall develop a bilingual-crosscultural certificate of assessment competence for those professionals who may participate in assessments for placements in special education programs. The certificate shall be issued to holders of appropriate credentials, certificates, or authorizations who demonstrate, by written and oral examination, all of the following:
(1) That the person is competent in both the oral and written skills of a language other than English.
(2) That the person has both the knowledge and understanding of the cultural and historical heritage of the limited-English-proficient individuals to be served.
(3) That the person has the ability to perform the assessment functions the candidate is certified or authorized to perform in English and in a language other than English.
(4) That the person has knowledge of the use of instruments and other assessment techniques appropriate to evaluate limited-English-proficient individuals with exceptional needs and ability to develop appropriate data, instructional strategies, individualized education programs, and evaluations.
(c) Certificates of bilingual-crosscultural competence for special education professionals who implement individual education plans requiring bilingual services shall be granted by the commission pursuant to Section 44253.7.
(d) It is not the intent of the Legislature in enacting this section that possession of any certificate established by this section be a state-mandated requirement for employment or continued employment. It is the intent that this is a matter for local educational agencies to determine.
(Amended by Stats. 2005, Ch. 677, Sec. 46. 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 4 - Implementation › Section 56363.1.

56363.1. A local educational agency is not required to purchase medical equipment for an individual pupil. However, the local educational agency is responsible for providing other specialized equipment for use at school that is needed to implement the individualized education program. For purposes of this section, “medical equipment” does not include an assistive technology device, as defined in Section 1401(1) of Title 20 of the United States Code.
(Amended by Stats. 2007, Ch. 56, Sec. 57. 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 4 - Implementation › Section 56363.3.

56363.3. The average caseload for language, speech, and hearing specialists in special education local plan areas shall not exceed 55 cases, unless the local plan specifies a higher average caseload and the reasons for the greater average caseload.
(Amended by Stats. 2007, Ch. 56, Sec. 58. 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 4 - Implementation › Section 56363.5.

56363.5. Pursuant to Section 300.154(d)(2)(iv) and (v) of Title 34 of the Code of Federal Regulations, if an individual with exceptional needs is covered by public benefits or insurance, a public agency may use Medicaid, other public benefits, or insurance programs in which a pupil participates to provide or pay for the services required by this part, the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Part 300 of Title 34 of the Code of Federal Regulations, if both of the following conditions are met:
(a) The public agency provides written notification to the pupil’s parents.
(b) The public agency obtains written parental consent before accessing the pupil’s or parents’ public benefits or insurance for the first time, and annually thereafter.
(Repealed and added by Stats. 2014, Ch. 327, Sec. 14. (AB 1599) Effective January 1, 2015.)
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 4 - Implementation › Section 56364.1.

56364.1. Notwithstanding the provisions of Section 56364.2, pupils with low incidence disabilities may receive all or a portion of their instruction in the regular classroom and may also be enrolled in special classes taught by appropriately credentialed teachers who serve these pupils at one or more schoolsites. The instruction shall be provided in a manner which is consistent with the guidelines adopted pursuant to Section 56136 and in accordance with the individualized education program.
(Amended by Stats. 2004, Ch. 896, Sec. 60. Effective September 29, 2004.)
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 4 - Implementation › Section 56364.2.

56364.2. (a) Special classes that serve pupils with similar and more intensive educational needs shall be available. The special classes may enroll pupils only when the nature or severity of the disability of the individual with exceptional needs is such that education in the regular classes with the use of supplementary aids and services, including curriculum modification and behavioral support, cannot be achieved satisfactorily. These requirements also apply to separate schooling, or other removal of individuals with exceptional needs from the regular educational environment.
(b) In providing or arranging for the provision of activities, each public agency shall ensure that each individual with exceptional needs participates in those activities with nondisabled pupils to the maximum extent appropriate to the needs of the individual with exceptional needs, including nonacademic and extracurricular services and activities. Special classes shall meet standards adopted by the board.
(c) This section shall only apply to special education local plan areas that have had a revised local plan approved pursuant to Section 56836.03.
(Added by renumbering Section 56364.5 (as added by Stats. 1997, Ch. 854) by Stats. 1998, Ch. 691, Sec. 38. 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 4 - Implementation › Section 56366.2.

56366.2. (a) A local educational agency, nonpublic, nonsectarian school, or nonpublic, nonsectarian agency may petition the Superintendent to waive one or more of the requirements under Sections 56365, 56366, 56366.3, and 56366.6. The petition shall state the reasons for the waiver request, and shall include the following:
(1) Sufficient documentation to demonstrate that the waiver is necessary to the content and implementation of a specific pupil’s individualized education program and the pupil’s current placement.
(2) The period of time that the waiver will be effective during any one school year.
(3) Documentation and assurance that the waiver does not abrogate any right provided to individuals with exceptional needs and their parents or guardians under state or federal law, and does not hinder the compliance of a local educational agency with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and federal regulations relating to those acts.
(b) No waiver shall be granted for reimbursement of those costs prohibited under Article 4 (commencing with Section 56836.20) of Chapter 7.2 of Part 30 or for the certification requirements pursuant to Section 56366.1 unless approved by the board pursuant to Section 56101.
(c) In submitting the annual report on waivers granted under Section 56101 and this section to the board, the Superintendent shall specify information related to the provision of special education and related services to individuals with exceptional needs through contracts with nonpublic, nonsectarian schools and agencies located in the state, nonpublic, nonsectarian school and agency placements in facilities located out of state, and the specific section waived pursuant to this section.
(Amended by Stats. 2007, Ch. 56, Sec. 62. 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 4 - Implementation › Section 56366.45.

56366.45. (a) (1) A contracting local educational agency and a charter school shall, within 14 days of becoming aware of any change to the certification status of a nonpublic, nonsectarian school or agency, notify parents of pupils of the local educational agency or charter school who attend the nonpublic, nonsectarian school or agency through email or regular mail notice of the change in certification status and include a copy of the procedural safeguards as specified in Chapter 5 (commencing with Section 56500).
(2) The contracting local educational agency or charter school shall maintain a record of the notice given pursuant to paragraph (1) and shall make this notice available for inspection upon request of the department.
(b) For purposes of this section, becoming aware of any change in certification status may include, but is not limited to, receiving notification pursuant to subdivision (c) of Section 56366.4 of a determination to suspend or revoke the certification of the nonpublic, nonsectarian school or agency, including, but not limited to, a determination resulting from a department investigation into pupil restraint or seclusion.
(c) For purposes of this section, “parent” has the same meaning as defined in Section 56028.
(Added by Stats. 2023, Ch. 64, Sec. 1. (AB 611) Effective January 1, 2024.)