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 - Administration › ARTICLE 2 - Superintendent of Public Instruction › Section 56132.

56132. The superintendent shall assist districts, county offices, and special education local plan areas in the improvement and evaluation of their programs.
(Amended by Stats. 1998, Ch. 89, Sec. 19. 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 2 - Administration › ARTICLE 2 - Superintendent of Public Instruction › Section 56133.

56133. The superintendent shall provide for the mediation conference prescribed by Sections 56502 and 56503 and the state hearing prescribed by Section 56505.
(Amended by Stats. 1980, Ch. 1353, Sec. 38. 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 2 - Administration › ARTICLE 2 - Superintendent of Public Instruction › Section 56134.

56134. The superintendent shall perform the duties prescribed by Chapter 4.5 (commencing with Section 56452).
(Amended by Stats. 1993, Ch. 1296, Sec. 13.7. 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 2 - Administration › ARTICLE 2 - Superintendent of Public Instruction › Section 56135.

56135. (a) The superintendent shall be responsible for assuring provision of, and supervising, education and related services to individuals with exceptional needs as specifically required pursuant to the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(b) Nothing in this part shall be construed to authorize the superintendent to prescribe health care services.
(Amended by Stats. 1993, Ch. 1296, Sec. 14. 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 2 - Administration › ARTICLE 2 - Superintendent of Public Instruction › Section 56136.

56136. The superintendent shall develop guidelines for each low incidence disability area and provide technical assistance to parents, teachers, and administrators regarding the implementation of the guidelines. The guidelines shall clarify the identification, assessment, planning of, and the provision of, specialized services to pupils with low incidence disabilities. The superintendent shall consider the guidelines when monitoring programs serving pupils with low incidence disabilities pursuant to subdivision (a) of Section 56836.04. The adopted guidelines shall be promulgated for the purpose of establishing recommended guidelines and shall not operate to impose minimum state requirements.
(Amended by Stats. 1998, Ch. 89, Sec. 20. 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 2 - Administration › ARTICLE 2 - Superintendent of Public Instruction › Section 56138.

56138. The Superintendent shall develop, and the board shall adopt, performance goals and indicators for individuals with exceptional needs that are consistent with, to the maximum extent appropriate, the standards for all pupils in the public education system, in accordance with the provisions of Section 1412(a)(15) of Title 20 of the United States Code and Section 300.157 of Title 34 of the Code of Federal Regulations.
(Amended by Stats. 2007, Ch. 56, Sec. 20. 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 2 - Administration › ARTICLE 3.5 - Charter Schools › Section 56145.

56145. Individuals with exceptional needs attending charter schools pursuant to Part 26.8 (commencing with Section 47600) shall be served in the same manner as individuals with exceptional needs are served in other public schools.
(Added by Stats. 1998, Ch. 691, Sec. 20. 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 2 - Administration › ARTICLE 3.5 - Charter Schools › Section 56146.

56146. It is the intent of the Legislature that local plans for special education local plan areas, adopted pursuant to Chapter 2.5 (commencing with Section 56195) and Chapter 3 (commencing with Section 56205), shall provide for federal funds available under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) to individuals with exceptional needs enrolled in charter schools.
(Amended by Stats. 2007, Ch. 56, Sec. 21. 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 2 - Administration › ARTICLE 4 - Juvenile Court Schools › Section 56150.

56150. Special education programs authorized by this part shall be provided, pursuant to Section 48645.2, for individuals with exceptional needs who have been adjudicated by the juvenile court for placement in a juvenile hall or juvenile home, day center, ranch or camp, or for individuals with exceptional needs placed in a county community school pursuant to Section 1981.
(Amended by Stats. 1985, Ch. 795, Sec. 3.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 2 - Administration › ARTICLE 5 - Licensed Children s Institutions and Foster Family Homes › Section 56155.

56155. The provisions of this article shall only apply to individuals with exceptional needs placed in a licensed children’s institution or foster family home by a court, regional center for the developmentally disabled, or public agency, other than an educational agency.
(Added by Stats. 1981, Ch. 1044, Sec. 6.5. Operative July 1, 1982, pursuant to Section 56166.5.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 2 - Administration › ARTICLE 5 - Licensed Children s Institutions and Foster Family Homes › Section 56155.5.

56155.5. (a) As used in this part, “licensed children’s institution” means a residential facility that is licensed by the state, or other public agency having delegated authority by contract with the state to license, to provide nonmedical care to children, including, but not limited to, individuals with exceptional needs. “Licensed children’s institution” includes a group home or short-term residential therapeutic program, as defined in Section 1502 of the Health and Safety Code. As used in this article and Article 3 (commencing with Section 56836.165) of Chapter 7.2, a “licensed children’s institution” does not include any of the following:
(1) A juvenile court school, juvenile hall, juvenile home, day center, juvenile ranch, or juvenile camp administered pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27.
(2) A county community school program provided pursuant to Section 1981.
(3) Any special education programs provided pursuant to Section 56150.
(4) Any other public agency.
(b) As used in this part, “foster family home” means a family residence that is licensed by the state, or other public agency having delegated authority by contract with the state to license, to provide 24-hour nonmedical care and supervision for not more than six foster children, including, but not necessarily limited to, individuals with exceptional needs. “Foster family home” includes a small family home as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code, a certified family home of a foster family agency as defined in Section 1506 of the Health and Safety Code, and a resource family as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.
(Amended by Stats. 2016, Ch. 612, Sec. 4. (AB 1997) 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 2 - Administration › ARTICLE 5 - Licensed Children s Institutions and Foster Family Homes › Section 56155.7.

56155.7. A licensed children’s institution shall not require that a child be identified as an individual with exceptional needs as a condition of admission or residency.
(Amended by Stats. 2012, Ch. 571, Sec. 2. (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 2 - Administration › ARTICLE 5 - Licensed Children s Institutions and Foster Family Homes › Section 56156.

56156. (a) Each court, regional center for the developmentally disabled, or public agency that engages in referring children to, or placing children in, licensed children’s institutions shall report to the special education administrator of the special education local plan area in which the licensed children’s institution is located any referral or admission of a child who is potentially eligible for special education.
(b) At the time of placement in a licensed children’s institution or foster family home, each court, regional center for the developmentally disabled, or public agency shall identify all of the following:
(1) Whether the courts have specifically limited the rights of the parent or guardian to make educational decisions for a child who is a ward or dependent of the court.
(2) The location of the parents, in the event that the parents retain the right to make educational decisions.
(3) Whether the location of the parents is unknown.
(c) Each person licensed by the state to operate a licensed children’s institution, or his or her designee, shall notify the special education administrator of the special education local plan area in which the licensed children’s institution is located of any child potentially eligible for special education who resides at the facility.
(d) The Superintendent shall provide each county office of education with a current list of licensed children’s institutions in that county at least biannually. The county office shall maintain the most current list of licensed children’s institutions located within the county and shall notify each district and special education local plan area within the county of the names of licensed children’s institutions located in the geographical area of the county covered by the district and special education local plan area. The county office shall notify the director of each licensed children’s institution of the appropriate person to contact regarding individuals with exceptional needs.
(Amended by Stats. 2007, Ch. 56, Sec. 22. 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 2 - Administration › ARTICLE 5 - Licensed Children s Institutions and Foster Family Homes › Section 56156.4.

56156.4. (a) Each special education local plan area shall be responsible for providing appropriate education to individuals with exceptional needs residing in licensed children’s institutions and foster family homes located in the geographical area covered by the local plan.
(b) In multidistrict and district and county office local plan areas, local written agreements shall be developed, pursuant to subdivision (f) of Section 56195.7, to identify the public education entities that will provide the special education services.
(c) If there is no local agreement, special education services for individuals with exceptional needs residing in licensed children’s institutions shall be the responsibility of the county office in the county in which the institution is located, if the county office is part of the special education local plan area, and special education services for individuals with exceptional needs residing in foster family homes shall be the responsibility of the district in which the foster family home is located. If a county office is not a part of the special education local plan area, special education services for individuals with exceptional needs residing in licensed children’s institutions, pursuant to this subdivision, shall be the responsibility of the responsible local agency or other administrative entity of the special education local plan area. This program responsibility shall continue until the time local written agreements are developed pursuant to subdivision (f) of Section 56195.7.
(d) This section 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. 1998, Ch. 89, Sec. 22. 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 2 - Administration › ARTICLE 5 - Licensed Children s Institutions and Foster Family Homes › Section 56157.

56157. (a) In providing appropriate programs to individuals with exceptional needs residing in licensed children’s institutions or foster family homes, the local educational agency shall first consider services in programs operated by public educational agencies for individuals with exceptional needs. If those programs are not appropriate, special education and related services shall be provided by contract with a nonpublic, nonsectarian school.
(b) (1) An individual with exceptional needs residing in a licensed children’s institution or foster family home 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.
(2) If special education and related services are provided by contract with a nonpublic, nonsectarian school, or with a licensed children’s institution under this article, the terms of the contract shall be developed in accordance with Section 56366.
(c) If an individual with exceptional needs residing in a licensed children’s institution or foster family home is placed in a nonpublic, nonsectarian school, the local educational agency that made the placement shall conduct an annual evaluation, in accordance with federal law as part of the annual individualized education program process, of whether the placement is the least restrictive environment that is appropriate to meet the pupil’s needs.
(d) If an individual with exceptional needs residing in a licensed children’s institution or foster family home is placed in a nonpublic, nonsectarian school, the nonpublic, nonsectarian school shall report to the local educational agency that made the placement, on a quarterly or trimester basis, as appropriate, the educational progress demonstrated by the individual with exceptional needs towards the attainment of the goals and objectives specified in the individual’s individualized education program. Pursuant to federal law, no local educational agency shall refer a pupil to a nonpublic, nonsectarian school unless the services required by the individualized education program of the pupil can be ensured.
(Amended by Stats. 2012, Ch. 571, Sec. 3. (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 2 - Administration › ARTICLE 5 - Licensed Children s Institutions and Foster Family Homes › Section 56159.

56159. If a district, special education local plan area, or county office does not make the placement decision of an individual with exceptional needs in a licensed children’s institution or in a foster family home, the regional center for the developmentally disabled or public agency, excluding an education agency, placing the individual in the institution, shall be responsible for the residential costs and the cost of noneducation services of the individual.
(Amended by Stats. 2012, Ch. 470, Sec. 7. (AB 1529) 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 2 - Administration › ARTICLE 5 - Licensed Children s Institutions and Foster Family Homes › Section 56162.

56162. Individuals with exceptional needs placed in a licensed children’s institution or foster family home by a court, regional center for the developmentally disabled, or public agency, other than an educational agency, prior to the effective date of this article, shall be considered residents of the geographical area of the local plan in which the licensed children’s institution or foster family home is located, for special education and related services pursuant to the provisions of this article.
(Amended by Stats. 1982, Ch. 1201, Sec. 10. Effective September 22, 1982.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 2 - Administration › ARTICLE 5 - Licensed Children s Institutions and Foster Family Homes › Section 56163.

56163. A licensed children’s institution which provides nonsectarian educational programs for individuals with exceptional needs shall be certified by the department as prescribed by subdivision (c) of Section 56366.
(Repealed and added by Stats. 1981, Ch. 1044, Sec. 6.5. Operative July 1, 1982, pursuant to Section 56166.5.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 2 - Administration › ARTICLE 5 - Licensed Children s Institutions and Foster Family Homes › Section 56164.

56164. This article shall not apply to programs operating in state hospitals and juvenile court schools.
(Repealed and added by Stats. 1981, Ch. 1044, Sec. 6.5. Operative July 1, 1982, pursuant to Section 56166.5.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 2 - Administration › ARTICLE 5 - Licensed Children s Institutions and Foster Family Homes › Section 56165.

56165. This article shall not apply to individuals with exceptional needs placed in a licensed children’s institution pursuant to Section 56365.
(Repealed and added by Stats. 1981, Ch. 1044, Sec. 6.5. Operative July 1, 1982, pursuant to Section 56166.5.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 2 - Administration › ARTICLE 5 - Licensed Children s Institutions and Foster Family Homes › Section 56166.

56166. The board shall adopt rules and regulations to implement the provisions of this article.
(Repealed and added by Stats. 1981, Ch. 1044, Sec. 6.5. Operative July 1, 1982, pursuant to Section 56166.5.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 2 - Administration › ARTICLE 5 - Licensed Children s Institutions and Foster Family Homes › Section 56166.5.

56166.5. This article shall become operative July 1, 1982.
(Repealed and added by Stats. 1981, Ch. 1044, Sec. 6.5. Note: This section prescribes a delayed operative date for Article 5, commencing with Section 56166.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 2 - Administration › ARTICLE 5.5 - Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities › Section 56167.

56167. (a) Individuals with exceptional needs who are placed in a public hospital, state licensed children’s hospital, psychiatric hospital, proprietary hospital, or a health facility for medical purposes are the educational responsibility of the local educational agency in which the hospital or facility is located, as determined in local written agreements pursuant to subdivision (e) of Section 56195.7.
(b) For the purposes of this part, “health facility” shall have the definition set forth in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
(Amended by Stats. 2007, Ch. 56, Sec. 23. 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 2 - Administration › ARTICLE 5.5 - Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities › Section 56167.5.

56167.5. Nothing in this article shall be construed to mean that the placement of any individual with exceptional needs in a hospital or health facility constitutes a necessary residential placement, as described under Section 300.104 of Title 34 of the Code of Federal Regulations, for which the local educational agency would be responsible as an educational program option under this part.
(Amended by Stats. 2007, Ch. 56, Sec. 24. 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 2 - Administration › ARTICLE 5.5 - Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities › Section 56168.

56168. (a) A public hospital, state licensed children’s hospital, psychiatric hospital, proprietary hospital, or a health facility for medical purposes located either within and outside of this state that did not provide special education to individuals with exceptional needs who satisfy the criteria set forth in paragraph (2) of subdivision (c) of Section 56026 pursuant to a waiver granted under Section 56366.2 for the 1994–95 school year, is ineligible for certification as a nonpublic, nonsectarian school pursuant to Section 56034 and Sections 56365 to 56366.5, inclusive, to provide special education to individuals with exceptional needs. Districts, special education local plan areas, or county offices shall have until September 1, 1994, to find an appropriate alternative placement for any children currently served in one of these programs.
(b) Pursuant to Section 56167, the local educational agency in which the hospital or health facility is located has the educational responsibility for individuals with exceptional needs who reside in these facilities.
(c) A hospital or health facility is eligible for certification as a nonpublic, nonsectarian agency pursuant to Section 56035 and Sections 56365 to 56366.5, inclusive, to provide designated instruction and services to individuals with exceptional needs whether the child attends a public or nonpublic school or is enrolled in both a public and nonpublic school program as specified in Section 56361.5.
(Amended by Stats. 2007, Ch. 56, Sec. 25. 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 2 - Administration › ARTICLE 5.5 - Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities › Section 56169.5.

56169.5. This article shall not apply to programs operating in state hospitals.
(Amended by Stats. 1986, Ch. 1296, 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 2 - Administration › ARTICLE 5.5 - Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities › Section 56169.7.

56169.7. If any provision of this article, or the application thereof to any person or circumstances, is held invalid by an appellate court of competent jurisdiction, the remainder of the article, and the application of the provision to other persons or circumstances, shall not be affected thereby.
(Added by Stats. 1986, Ch. 1296, 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 2 - Administration › ARTICLE 5.6 - Children Enrolled in Private Schools › Section 56170.

56170. As used in this part, “private school children with disabilities” means children with disabilities enrolled by a parent in private schools or facilities that meet the definition of “elementary school” in Section 300.13 of Title 34 of the Code of Federal Regulations or “secondary school” in Section 300.36 of Title 34 of the Code of Federal Regulations, in accordance with Section 300.130 of Title 34 of the Code of Federal Regulations, other than individuals with exceptional needs placed by a local educational agency in a nonpublic, nonsectarian school pursuant to Section 56365.
(Amended by Stats. 2007, Ch. 56, Sec. 26. 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 2 - Administration › ARTICLE 5.6 - Children Enrolled in Private Schools › Section 56171.

56171. Pursuant to Section 300.131 of Title 34 of the Code of Federal Regulations, local educational agencies shall locate, identify, and assess all private school children with disabilities, including religiously affiliated schoolage children, who have disabilities and are in need of special education and related services attending private school in the service area of the local educational agencies where the private school is located in accordance with Section 56301. The activities undertaken to carry out this responsibility for private school children with disabilities shall be comparable to activities undertaken in accordance with Section 1412(a)(10)(A)(ii) of Title 20 of the United States Code.
(Amended by Stats. 2007, Ch. 454, Sec. 12. 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 2 - Administration › ARTICLE 5.6 - Children Enrolled in Private Schools › Section 56172.

56172. (a) The local educational agency shall make provision for the participation of private school children with disabilities in special education programs under this part by providing them with special education and related services in accordance with the provisions of this article and Section 1412(a)(10)(A) of Title 20 of the United States Code and Section 300.132 of Title 34 of the Code of Federal Regulations.
(b) The local educational agency or, where appropriate, the department, shall ensure timely and meaningful consultation with private school representatives and representatives of parents of parentally placed private school children with disabilities during the design and development of special education and related services for the children in accordance with Section 1412(a)(10)(A)(iii) of Title 20 of the United States Code and Section 300.134 of Title 34 of the Code of Federal Regulations.
(c) When timely and meaningful consultation as required in subdivision (b) has occurred, the local educational agency shall obtain a written affirmation signed by the representatives of participating private schools, and if the representatives do not provide the affirmation within a reasonable period of time, the local educational agency shall forward the documentation of the consultation process to the department in accordance with Section 1412(a)(10)(A)(iv) of Title 20 of the United States Code.
(d) A private school official shall have the right, pursuant to Section 1412(a)(10)(A)(v) of Title 20 of the United States Code and Section 300.136 of Title 34 of the Code of Federal Regulations, to submit a complaint to the department that the local educational agency did not engage in consultation that was meaningful and timely or did not give due consideration to the views of the private school official.
(e) The provision of equitable services for children enrolled in private schools by their parents shall be provided by employees of a public agency, as defined in Section 56028.5, or through contract by the public agency with an individual, association, agency, organization, or other entity.
(f) Special education and related services, including materials and equipment, provided to a pupil with a disability who has been parentally placed in a private school shall be secular, neutral, and nonideological, as required by Section 1412(a)(10)(A)(vi) of Title 20 of the United States Code and Section 300.138(c)(2) of Title 34 of the Code of Federal Regulations.
(Amended by Stats. 2007, Ch. 56, Sec. 27. 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 2 - Administration › ARTICLE 5.6 - Children Enrolled in Private Schools › Section 56173.

56173. To meet the requirements of Section 56172, each local educational agency shall provide special education and related services to pupils with disabilities enrolled by a parent in private elementary and secondary schools, described in Section 56171, by expending an amount of federal state grant funds allocated to the state under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) equal to a proportionate amount of federal funds made available under the Part B grant program for local assistance, in accordance with Section 1412(a)(10)(A)(i) of Title 20 of the United States Code and Section 300.133 of Title 34 of the Code of Federal Regulations. In accordance with Section 300.131(d) of Title 34 of the Code of Federal Regulations, the cost of carrying out the child find requirements in Section 56171 cannot come from the proportional share of federal grant funds received pursuant to this section and Section 300.133 of Title 34 of the Code of Federal Regulations since those funds are required to be spent on the provision of services to the pupils with disabilities enrolled by a parent in private elementary and secondary schools.
The control of public funds used to provide special education and related services under Section 1412(a)(10)(A) of Title 20 of the United States Code, and title to materials, equipment, and property purchased with those funds, shall be in a public agency for the uses and purposes provided in the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). A public agency shall administer the funds and property.
(Amended by Stats. 2007, Ch. 454, Sec. 13. 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 2 - Administration › ARTICLE 5.6 - Children Enrolled in Private Schools › Section 56174.

56174. The local educational agency shall not be required to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if the local educational agency made a free appropriate public education available to the child and the parent of the child elected to place the child in the private school or facility.
(Amended by Stats. 2007, Ch. 56, Sec. 28. 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 2 - Administration › ARTICLE 5.6 - Children Enrolled in Private Schools › Section 56174.5.

56174.5. (a) Private school individuals with exceptional needs may receive a different amount of services than individuals with exceptional needs in public school receive pursuant to Section 300.138(a)(2) of Title 34 of the Code of Federal Regulations. No private school individual with exceptional needs is entitled to any amount of service the child would receive if enrolled in a public school pursuant to Section 300.137(a) of Title 34 of the Code of Federal Regulations.
(b) Decisions about the services provided to private school individuals with exceptional needs pursuant to this article shall be made pursuant to this section and Sections 300.137 to 300.139, inclusive, of Title 34 of the Code of Federal Regulations.
(Amended by Stats. 2007, Ch. 56, Sec. 29. 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 2 - Administration › ARTICLE 5.6 - Children Enrolled in Private Schools › Section 56175.

56175. If a parent or guardian of an individual with exceptional needs, who previously received special education and related services under the authority of the local educational agency, enrolls the child in a private elementary or secondary school without the consent of or referral by the local educational agency, a court or a due process hearing officer may require the local educational agency to reimburse the parent or guardian for the cost of that enrollment if the court or due process hearing officer finds that the local educational agency had not made a free appropriate public education available to the child in a timely manner prior to that enrollment in the private elementary or secondary school and that the private placement is appropriate, in accordance with Section 1412(a)(10)(C)(ii) of Title 20 of the United States Code and Section 300.148(c) of Title 34 of the Code of Federal Regulations.
(Amended by Stats. 2007, Ch. 56, Sec. 30. 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 2 - Administration › ARTICLE 5.6 - Children Enrolled in Private Schools › Section 56176.

56176. The cost of the reimbursement described in Section 56175 may be reduced or denied pursuant to clause (iii) of subparagraph (C) of paragraph (10) of subsection (a) of Section 1412 of Title 20 of the United States Code in the event of any of the following:
(a) At the most recent individualized education program meeting that a parent or guardian attended prior to removal of the child from the public school, the parent or guardian did not inform the individualized education program team that they were rejecting the placement proposed by the local educational agency to provide a free appropriate public education to the child, including stating his or her concerns and the intent to enroll the child in a private school at public expense.
(b) The parent or guardian did not give written notice to the local educational agency of the information described in subdivision (a) at least 10 business days, including any holidays that occur on a business day, prior to the removal of the child from the public school.
(c) Prior to the parent’s or guardian’s removal of the child from the public school, the local educational agency informed the parent, through the notice requirements described in paragraph (3) of subsection (b) of Section 1415 of Title 20 of the United States Code, of its intent to assess the child, including a statement of the purpose of the assessment that was appropriate and reasonable, but the parent or guardian did not make the child available for the assessment.
(d) Upon a judicial finding of unreasonableness with respect to actions taken by a parent or guardian.
(Amended by Stats. 2005, Ch. 653, Sec. 12. 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 2 - Administration › ARTICLE 5.6 - Children Enrolled in Private Schools › Section 56177.

56177. (a) Notwithstanding the notice requirement in subclause (I) of clause (iii) of subparagraph (C) of paragraph (10) of subsection (a) of Section 1412 of Title 20 of the United States Code, the cost of reimbursement shall not be reduced or denied, in accordance with clause (iv) of subparagraph (C) of paragraph (10) of subsection (a) of Section 1412 of Title 20 of the United States Code, for failure to provide the notice in the event of any of the following:
(1) The school prevented the parent or guardian from providing the notice.
(2) The parents had not received notice, pursuant to Section 1415 of Title 20 of the United States Code, of the notice requirement in subclause (I) of clause (iii) of subparagraph (C) of paragraph (10) of subsection (a) of Section 1412 of Title 20 of the United States Code.
(3) Compliance with the federal provision cited in paragraph (2) would likely result in physical harm to the child.
(b) In the discretion of a court or a hearing officer, the cost of reimbursement may not be reduced or denied for failure to provide the notice in either of the following circumstances:
(1) The parent or guardian is illiterate or cannot write in English.
(2) Providing the notice described in subclause (I) of clause (iii) of subparagraph (C) of paragraph (10) of subsection (a) of Section 1412 of Title 20 of the United States Code would likely result in serious emotional harm to the child.
(Amended by Stats. 2005, Ch. 653, Sec. 13. 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 2 - Administration › ARTICLE 7 - Community Advisory Committee › Section 56190.

56190. Each plan submitted under Section 56195.1 shall establish a community advisory committee. The committee shall serve only in an advisory capacity.
(Amended by Stats. 1997, Ch. 854, Sec. 11. 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 - Administration › ARTICLE 7 - Community Advisory Committee › Section 56191.

56191. The members of the community advisory committee shall be appointed by, and responsible to, the governing board of each participating district or county office, or any combination thereof participating in the local plan. Appointment shall be in accordance with a locally determined selection procedure that is described in the local plan. Where appropriate, this procedure shall provide for selection of representatives of groups specified in Section 56192 by their peers. Such procedure shall provide that terms of appointment are for at least two years and are annually staggered to ensure that no more than one half of the membership serves the first year of the term in any one year.
(Amended by Stats. 1981, Ch. 972, Sec. 2.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 2 - Administration › ARTICLE 7 - Community Advisory Committee › Section 56192.

56192. The community advisory committee shall be composed of parents of individuals with exceptional needs enrolled in public or private schools, parents of other pupils enrolled in school, pupils and adults with disabilities, regular education teachers, special education teachers and other school personnel, representatives of other public and private agencies, and persons concerned with the needs of individuals with exceptional needs.
(Amended by Stats. 1992, Ch. 759, Sec. 29. 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 2 - Administration › ARTICLE 7 - Community Advisory Committee › Section 56193.

56193. At least the majority of such committee shall be composed of parents of pupils enrolled in schools participating in the local plan, and at least a majority of such parents shall be parents of individuals with exceptional needs.
(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 2 - Administration › ARTICLE 7 - Community Advisory Committee › Section 56194.

56194. The community advisory committee shall have the authority and fulfill the responsibilities that are defined for it in the local plan. The responsibilities shall include, but need not be limited to, all the following:
(a) Advising the policy and administrative entity of the special education local plan area regarding the development, amendment, and review of the local plan. The entity shall review and consider comments from the community advisory committee.
(b) Recommending annual priorities to be addressed by the plan.
(c) Assisting in parent education and in recruiting parents and other volunteers who may contribute to the implementation of the plan.
(d) Encouraging community involvement in the development and review of the local plan.
(e) Supporting activities on behalf of individuals with exceptional needs.
(f) Assisting in parent awareness of the importance of regular school attendance.
(g) Supporting community involvement in the parent advisory committee established pursuant to Section 52063 to encourage the inclusion of parents of individuals with exceptional needs to the extent these pupils also fall within one or more of the definitions in Section 42238.01.
(Amended by Stats. 2018, Ch. 32, Sec. 90. (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 1 - Local Plans › Section 56195.

56195. Each special education local plan area, as defined in subdivision (d) of Section 56195.1, shall administer local plans submitted pursuant to Chapter 3 (commencing with Section 56205) and shall administer the allocation of funds pursuant to Chapter 7.2 (commencing with Section 56836).
(Amended by Stats. 2004, Ch. 896, Sec. 57. 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 2.5 - Governance › ARTICLE 1 - Local Plans › Section 56195.3.

56195.3. In developing a local plan under Section 56195.1, each district shall do the following:
(a) Involve special and general teachers selected by their peers and parents selected by their peers in an active role.
(b) Cooperate with the county office and other districts in the geographic areas in planning its option under Section 56195.1 and each fiscal year, notify the department, impacted special education local plan areas, and participating county offices of its intent to elect an alternative option from those specified in Section 56195.1, at least one year before the proposed effective date of the implementation of the alternative plan.
(c) Cooperate with the county office to assure that the local plan is compatible with other local plans in the county, including the local control and accountability plans adopted for the district and the county board of education, and any county plan of a contiguous county.
(d) Submit to the county office for review any local plan developed under subdivision (a) or (b) of Section 56195.1.
(Amended by Stats. 2018, Ch. 32, Sec. 91. (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 1 - Local Plans › Section 56195.5.

56195.5. (a) Each county office and district governing board shall have authority over the programs it directly maintains, consistent with the local plan submitted pursuant to Section 56195.1. In counties with more than one special education local plan area for which the county office provides services, relevant provisions of contracts between the county office and its employees governing wages, hours, and working conditions shall supersede like provisions contained in a plan submitted under Section 56195.1.
(b) Any county office or district governing board may provide for the education of individual pupils in special education programs maintained by other districts or counties, and may include within the special education programs pupils who reside in other districts or counties. Section 46600 shall apply to interdistrict attendance agreements for programs conducted pursuant to this part.
(Added by Stats. 1997, Ch. 854, Sec. 12. Effective January 1, 1998.)