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 1 - General Provisions › ARTICLE 2 - Definitions › Section 56028.

56028. (a) “Parent” means any of the following:
(1) A biological or adoptive parent of a child.
(2) A foster parent if the authority of the biological or adoptive parents to make educational decisions on the child’s behalf specifically has been limited by court order in accordance with Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal Regulations.
(3) A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child, including a responsible adult appointed for the child in accordance with Sections 361 and 726 of the Welfare and Institutions Code.
(4) An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the child’s welfare.
(5) A surrogate parent who has been appointed pursuant to Section 7579.5 or 7579.6 of the Government Code, and in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations and Section 1439(a)(5) of Title 20 of the United States Code.
(b) (1) Except as provided in paragraph (2), the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under subdivision (a) to act as a parent, shall be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
(2) If a judicial decree or order identifies a specific person or persons under paragraphs (1) to (4), inclusive, of subdivision (a) to act as the “parent” of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the “parent” for purposes of this part, Article 1 (commencing with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2, and Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code.
(c) “Parent” does not include the state or any political subdivision of government.
(d) “Parent” does not include a nonpublic, nonsectarian school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child.
(Amended by Stats. 2008, Ch. 223, Sec. 12. Effective January 1, 2009.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 56028.5.

56028.5. “Public agency” means a school district, county office of education, special education local plan area, a nonprofit public charter school that is not otherwise included as a local educational agency and is not a school within a local educational agency, or any other public agency under the auspices of the state or any political subdivisions of the state providing special education or related services to individuals with exceptional needs. For purposes of this part, “public agency,” means all of the public agencies listed in Section 300.33 of Title 34 of the Code of Federal Regulations.
(Amended by Stats. 2007, Ch. 454, Sec. 5. 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 1 - General Provisions › ARTICLE 2 - Definitions › Section 56029.

56029. “Referral for assessment” means any written request for assessment to identify an individual with exceptional needs made by any of the following:
(a) A parent or guardian of the individual.
(b) A teacher or other service provider of the individual.
(c) A foster parent of the individual, consistent with the limitations contained in federal law.
(Amended by Stats. 2001, Ch. 734, Sec. 51. Effective October 11, 2001.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 56030.

56030. “Responsible local agency” means the school district or county office of education designated in the local plan as the administrative entity the duties of which shall include, but are not limited to, receiving and distributing regionalized services funds, providing administrative support, and coordinating the implementation of the plan.
(Amended by Stats. 2008, Ch. 179, Sec. 55. Effective January 1, 2009.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 56030.5.

56030.5. “Severely disabled” means individuals with exceptional needs who require intensive instruction and training in programs serving pupils with the following profound disabilities: autism, blindness, deafness, severe orthopedic impairments, serious emotional disturbances, severe intellectual disability, and those individuals who would have been eligible for enrollment in a development center for handicapped pupils under Chapter 6 (commencing with Section 56800), as it read on January 1, 1980.
(Amended by Stats. 2011, Ch. 347, Sec. 33. (SB 942) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 56031.

56031. (a) “Special education,” in accordance with Section 1401(29) of Title 20 of the United States Code, means specially designed instruction, at no cost to the parent, to meet the unique needs of individuals with exceptional needs, including instruction conducted in the classroom, in the home, in hospitals and institutions, and other settings, and instruction in physical education.
(b) In accordance with Section 300.39 of Title 34 of the Code of Federal Regulations, special education includes each of the following, if the services otherwise meet the requirements of subdivision (a):
(1) Speech-language pathology services, or any other designated instruction and service or related service, pursuant to Section 56363, if the service is considered special education rather than a designated instruction and service or related service under state standards.
(2) Travel training.
(3) Vocational education.
(c) Transition services for individuals with exceptional needs may be special education, in accordance with Section 300.43(b) of Title 34 of the Code of Federal Regulations, if provided as specially designed instruction, or a related service, if required to assist an individual with exceptional needs to benefit from special education.
(d) Individuals with exceptional needs shall be grouped for instructional purposes according to their instructional needs.
(Amended by Stats. 2007, Ch. 454, Sec. 6. 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 1 - General Provisions › ARTICLE 2 - Definitions › Section 56032.

56032. “Individualized education program” means a written document described in Sections 56345 and 56345.1 for an individual with exceptional needs that is developed, reviewed, and revised in a meeting in accordance with Sections 300.320 to 300.328, inclusive, of Title 34 of the Code of Federal Regulations and this part. It also means “individualized family service plan” as described in Section 1436 of Title 20 of the United States Code if the individualized education program pertains to an individual with exceptional needs younger than three years of age.
(Amended by Stats. 2007, Ch. 56, Sec. 9. 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 1 - General Provisions › ARTICLE 2 - Definitions › Section 56033.

56033. “Superintendent” means the Superintendent of Public Instruction.
(Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 56033.5.

56033.5. “Supplementary aids and services,” as provided in Section 1401(33) of Title 20 of the United States Code and in Section 300.42 of Title 34 of the Code of Federal Regulations, means aids, services, and other supports that are provided in regular education classes or other education-related settings and in extracurricular and nonacademic settings, to enable individuals with exceptional needs to be educated with nondisabled children to the maximum extent appropriate in accordance with Section 1412(a)(5) of Title 20 of the United States Code and Sections 300.114 to 300.116, inclusive, of Title 34 of the Code of Federal Regulations.
(Amended by Stats. 2007, Ch. 454, Sec. 7. Effective October 10, 2007.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 56034.

56034. “Nonpublic, nonsectarian school” means a private, nonsectarian school that enrolls individuals with exceptional needs pursuant to an individualized education program and is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, or a public university or college. A nonpublic, nonsectarian school also shall meet standards as prescribed by the Superintendent and board.
(Amended by Stats. 2005, Ch. 639, Sec. 6. Effective January 1, 2006.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 2 - Definitions › Section 56035.

56035. “Nonpublic, nonsectarian agency” means a private, nonsectarian establishment or individual that provides related services necessary for an individual with exceptional needs to benefit educationally from the pupils’ educational program pursuant to an individualized education program and that is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, a public university or college, or a public hospital. The nonpublic, nonsectarian agency shall also meet standards as prescribed by the superintendent and board.
(Added by Stats. 1993, Ch. 939, Sec. 2. Effective October 8, 1993.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 3 - General Provisions › Section 56040.

56040. (a) Every individual with exceptional needs who is eligible to receive special education instruction and related services under this part, shall receive that instruction and those services at no cost to his or her parents or, as appropriate, to him or her. A free appropriate public education shall be available to individuals with exceptional needs in accordance with Section 1412(a)(1) of Title 20 of the United States Code and Section 300.101 of Title 34 of the Code of Federal Regulations.
(b) An individual, aged 18 through 21 years, who, in the educational placement prior to his or her incarceration in an adult correctional facility was not identified as being an individual with exceptional needs or did not have an individualized education program under this part, is not entitled to a free appropriate public education pursuant to Section 1412(a)(1)(B)(ii) of Title 20 of the United States Code.
(Amended by Stats. 2007, Ch. 56, Sec. 10. Effective January 1, 2008.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 3 - General Provisions › Section 56040.1.

56040.1. In accordance with Section 1412(a)(5) of Title 20 of the United States Code and Section 300.114 of Title 34 of the Code of Federal Regulations, each public agency shall ensure the following to address the least restrictive environment for individuals with exceptional needs:
(a) To the maximum extent appropriate, individuals with exceptional needs, including children in public or private institutions or other care facilities, are educated with children who are nondisabled.
(b) Special classes, separate schooling, or other removal of individuals with exceptional needs from the regular educational environment occurs only if the nature or severity of the disability is such that education in the regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
(Added by Stats. 2007, Ch. 454, Sec. 8. Effective October 10, 2007.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 3 - General Provisions › Section 56040.3.

56040.3. (a) Pursuant to Section 300.105 of Title 34 of the Code of Federal Regulations, a local educational agency shall provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings if the child’s individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education.
(b) (1) A local educational agency shall be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency.
(2) The responsibility of the local educational agency under paragraph (1) shall be in force until alternative arrangements for providing the individual with exceptional needs with continuous access to the assistive technology device, or to a comparable device, can be made or until two months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first.
(c) For purposes of this section, in addition to the definition of “local educational agency,” in this article, “local educational agency” also includes a charter school as established pursuant to Chapter 2 (commencing with Section 47605) of Part 26.8.
(Added by Stats. 2019, Ch. 228, Sec. 2. (AB 605) Effective January 1, 2020.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 3 - General Provisions › Section 56040.5.

56040.5. (a) State and local educational agency personnel are prohibited, pursuant to paragraph (25) of subsection (a) of Section 1412 of Title 20 of the United States Code, from requiring an individual with exceptional needs to obtain a prescription for a medication that is a substance covered by the Controlled Substances Act (21 U.S.C. Sec. 801 et seq.) as a condition of attending school, receiving an assessment under subsection (a) or (c) of Section 1414 of Title 20 of the United States Code, or receiving services under this part.
(b) Subdivision (a) does not create a federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a pupil’s academic and functional performance, his or her behavior in the class or school, or the need for assessment for special education and related services under paragraph (3) of subsection (a) of Section 1412 of Title 20 of the United States Code.
(Added by Stats. 2005, Ch. 653, Sec. 5. Effective October 7, 2005.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 3 - General Provisions › Section 56041.

56041. Except for those pupils meeting residency requirements for school attendance specified in subdivision (a) of Section 48204, and notwithstanding any other provision of law, if it is determined by the individualized education program team that special education services are required beyond the pupil’s 18th birthday, the district of residence responsible for providing special education and related services to pupils between the ages of 18 to 22 years, inclusive, shall be assigned, as follows:
(a) For nonconserved pupils, the last district of residence in effect prior to the pupil’s attaining the age of majority shall become and remain as the responsible local educational agency, as long as and until the parent or parents relocate to a new district of residence. At that time, the new district of residence shall become the responsible local educational agency.
(b) For conserved pupils, the district of residence of the conservator shall attach and remain the responsible local educational agency, as long as and until the conservator relocates or a new one is appointed. At that time, the new district of residence shall attach and become the responsible local educational agency.
(Added by Stats. 1992, Ch. 1360, Sec. 8. Effective January 1, 1993.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 3 - General Provisions › Section 56041.5.

56041.5. When an individual with exceptional needs reaches the age of 18, with the exception of an individual who has been determined to be incompetent under state law, the local educational agency shall provide any notice of procedural safeguards required by this part to both the individual and the parents of the individual. All other rights accorded to a parent under this part shall transfer to the individual with exceptional needs. The local educational agency shall notify the individual and the parent of the transfer of rights.
(Added by Stats. 1998, Ch. 691, Sec. 17. Effective January 1, 1999.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 3 - General Provisions › Section 56042.

56042. Notwithstanding any other provision of law, an attorney or advocate for a parent of an individual with exceptional needs shall not recommend placement in a nonpublic, nonsectarian school or agency with which the attorney or advocate is employed or contracted, or otherwise has a conflict of interest or from which the attorney or advocate receives a benefit.
(Added by Stats. 1993, Ch. 939, Sec. 3. Effective October 8, 1993.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 3 - General Provisions › Section 56045.

56045. (a) The Superintendent shall send a notice to the governing board of each local educational agency within 30 days of when the Superintendent determines any of the following:
(1) The local educational agency is substantially out of compliance with one or more significant provisions of this part, the implementing regulations, provisions of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or the implementing regulations.
(2) The local educational agency fails to comply substantially with corrective action orders issued by the department resulting from focused monitoring findings or complaint investigations.
(3) The local educational agency fails to implement the decision of a due process hearing officer for noncompliance with provisions of this part, the implementing regulations, provisions of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or the implementing regulations, which noncompliance results in the denial of, or impedes the delivery of, a free appropriate public education for an individual with exceptional needs.
(b) The notice shall provide a description of the special education and related services that are required by law and with which the local educational agency is not in compliance.
(c) Upon receipt of the notification sent pursuant to subdivision (a), the governing board shall at a regularly scheduled public hearing address the issue of noncompliance.
(Amended by Stats. 2007, Ch. 56, Sec. 12. Effective January 1, 2008.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 3 - General Provisions › Section 56048.

56048. The superintendent shall review the information and calculations submitted by special education local plan areas in support of all apportionment computations described in this part. The review shall be conducted on the data submitted during the initial year of apportionment and for the first succeeding fiscal year only. Adjustments to any year’s apportionment shall be received by the superintendent from the special education local plan area prior to the end of the first fiscal year following the fiscal year to be adjusted. The superintendent shall consider and adjust only the information and computational factors originally established during an eligible fiscal year, if the superintendent’s review determines that they are correct.
(Added by Stats. 1998, Ch. 89, Sec. 17. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 3 - General Provisions › Section 56049.

56049. The Legislature finds and declares all of the following:
(a) All pupils are general education pupils first, including pupils with disabilities.
(b) Comprehensive local educational agency and school-level fiscal and programmatic planning, including planning conducted pursuant to Section 52064, must reflect the needs of all pupils, including pupils with disabilities.
(c) Inclusion in general education classrooms and programs should be considered the first setting for all pupils, unless the individualized education program for a pupil with a disability determines that another setting is more suitable to guarantee a free and appropriate public education.
(d) Data transparency and analysis are essential to understanding the needs of pupils. Local educational agencies should use all available data sources on pupils with disabilities, with a particular focus on least restrictive environment data, to inform continuous improvement efforts.
(Added by Stats. 2022, Ch. 919, Sec. 1. (SB 692) Effective January 1, 2023.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 3 - General Provisions › Section 56049.1.

56049.1. (a) On or before November 30, 2023, the department shall publish data related to federal measures of least restrictive environment for pupils with disabilities on its internet website and shall include it as a resource on the California School Dashboard, established pursuant to subdivision (f) of Section 52064.5.
(b) The data shall be disaggregated by race or ethnicity and local educational agency.
(Added by Stats. 2022, Ch. 919, Sec. 2. (SB 692) Effective January 1, 2023.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 3.5 - Surrogate Parents › Section 56050.

56050. (a) For the purposes of this article, “surrogate parent” shall be defined as it is defined in Section 300.519 of Title 34 of the Code of Federal Regulations.
(b) A surrogate parent may represent an individual with exceptional needs in matters relating to identification, assessment, instructional planning and development, educational placement, reviewing and revising the individualized education program, and in other matters relating to the provision of a free appropriate public education to the individual. Notwithstanding any other provision of law, this representation shall include the provision of written consent to the individualized education program including nonemergency medical services, mental health treatment services, and occupational or physical therapy services pursuant to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code. The surrogate parent may sign any consent relating to individualized education program purposes.
(c) A surrogate parent shall be held harmless by the State of California when acting in his or her official capacity except for acts or omissions that are found to have been wanton, reckless, or malicious.
(d) A surrogate parent shall also be governed by Section 7579.5 of the Government Code.
(Amended by Stats. 2007, Ch. 56, Sec. 14. Effective January 1, 2008.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 3.7 - Foster Parents › Section 56055.

56055. (a) (1) Except as provided in subdivisions (b), (c), and (d), a foster parent may exercise, to the extent permitted by federal law, including, but not limited to, Section 300.30 of Title 34 of the Code of Federal Regulations, the rights related to his or her foster child’s education that a parent has under Title 20 (commencing with Section 1400) of the United States Code and pursuant to Part 300 (commencing with Section 300.1) of Title 34 of the Code of Federal Regulations. The foster parent may represent the foster child for the duration of the foster parent-foster child relationship in matters relating to identification, assessment, instructional planning and development, educational placement, reviewing and revising an individualized education program, if necessary, and in all other matters relating to the provision of a free appropriate public education of the child. Notwithstanding any other provision of law, this representation shall include the provision of written consent to the individualized education program, including nonemergency medical services, mental health treatment services, and occupational or physical therapy services pursuant to this chapter. The foster parent may sign any consent relating to individualized education program purposes.
(2) A foster parent exercising rights relative to a foster child under this section may consult with the parent or guardian of the child to ensure continuity of health, mental health, or other services.
(b) A foster parent who had been excluded by court order from making educational decisions on behalf of a pupil does not have the rights relative to the pupil set forth in subdivision (a).
(c) This section only applies if the juvenile court has limited the right of the parent or guardian to make educational decisions on behalf of the child, and the child has been placed in a planned permanent living arrangement pursuant to paragraph (3) of subdivision (g) of Section 366.21, Section 366.22, Section 366.26, or paragraph (5) or (6) of subdivision (b) of Section 727.3 of the Welfare and Institutions Code.
(d) For purposes of this section, a foster parent includes an approved relative, approved nonrelative extended family member, as defined in Section 362.7 of the Welfare and Institutions Code, a licensed or certified foster parent, a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, or a person who has been designated by the court as a specified placement.
(Amended by Stats. 2017, Ch. 732, Sec. 1. (AB 404) Effective January 1, 2018.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 3.9 - Qualifications for Special Education Teachers › Section 56058.

56058. Special education teachers providing instruction and educational services under this part shall meet the same “highly qualified” requirements, as defined in Section 1401(10) of Title 20 of the United States Code, and in Section 300.18 of Title 34 of the Code of Federal Regulations, and personnel qualifications described in Section 1412(a)(14) of Title 20 of the United States Code, and in Section 300.156 of Title 34 of the Code of Federal Regulations.
(Amended by Stats. 2007, Ch. 454, Sec. 9. Effective October 10, 2007.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 3.9 - Qualifications for Special Education Teachers › Section 56059.

56059. (a) This part does not create a right of action on behalf of an individual with exceptional needs or class of pupils for failure of a state or local educational agency employee to be highly qualified.
(b) In accordance with Section 300.156(e) of Title 34 of the Code of Federal Regulations, nothing in this part prevents a parent from filing a complaint with the department under Section 56500.2, and under Sections 300.151 to 300.153, inclusive, of Title 34 of the Code of Federal Regulations, about staff qualifications.
(Amended by Stats. 2007, Ch. 454, Sec. 10. Effective October 10, 2007.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 4 - Substitute Teachers › Section 56060.

56060. A noncredentialed person shall not substitute for any special education certificated position.
(Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 4 - Substitute Teachers › Section 56061.

56061. A person holding a valid credential authorizing substitute teaching may serve as a substitute for the appropriately credentialed special education teacher as follows:
(a) Except as provided in subdivisions (b) and (c), the employer shall not employ an inappropriately credentialed substitute teacher for a period of more than 20 cumulative school days for each special education teacher absent during each school year.
(b) Upon application by the district or county office, the superintendent may approve an extension of 20 school days in addition to those authorized by subdivision (a).
(c) Only in extraordinary circumstances may an additional number of days be granted beyond the 40 school days provided for by subdivisions (a) and (b). Such additional days shall be granted in writing by the superintendent. The superintendent shall report to the board on all requests granted for an additional number of days pursuant to this subdivision.
(Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 4 - Substitute Teachers › Section 56062.

56062. The employer shall use the following priorities in placing substitute teachers in special education classrooms:
(a) A substitute teacher with the appropriate special education credential or credentials.
(b) A substitute teacher with any other special education credential or credentials.
(c) A substitute teacher with a regular teaching credential.
(Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 4 - Substitute Teachers › Section 56063.

56063. The employer shall be responsible for seeking, and maintaining lists of, appropriately credentialed substitute teachers. The employer shall contact institutions of higher education with approved special education programs for possible recommendations of appropriately credentialed special education personnel.
(Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 1 - General Provisions › ARTICLE 5 - Qualifications for Designated Instruction and Services Personnel, Related Services Personnel, and Paraprofessionals › Section 56070.

56070. (a) In accordance with Section 1412(a)(14)(A), (B), and (D) of Title 20 of the United States Code and Section 300.156(a), (b), and (d) of Title 34 of the Code of Federal Regulations, qualifications for designated instruction and services personnel, related services personnel, and paraprofessionals shall include the following:
(1) Be consistent with a state-approved or state-recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or designated instruction and services, and related services.
(2) Ensure that personnel who deliver services in their discipline or profession meet the requirements of this subdivision and have not had certification or licensure requirements waived on an emergency, temporary, or provisional basis.
(3) Allow paraprofessionals and assistants who are appropriately trained and supervised, in accordance with state law, regulation, or written policy, in meeting the requirements of this part to be used to assist in the provision of special education, designated instruction and services, and related services under this part to individuals with exceptional needs.
(b) Local educational agencies shall take measurable steps to recruit, hire, train, and retain highly qualified personnel to provide special education, designated instruction and services, and related services under this part to individuals with exceptional needs.
(Added by Stats. 2007, Ch. 454, Sec. 11. 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 1 - State Board of Education › Section 56100.

56100. The board shall do all of the following:
(a) Adopt rules and regulations necessary for the efficient administration of this part.
(b) Adopt criteria and procedures for the review and approval by the board of local plans.
(c) Adopt size and scope standards for determining the efficacy of local plans submitted by special education local plan areas, pursuant to subdivision (a) of Section 56195.1.
(d) Provide review, upon petition, to a local educational agency that appeals a decision made by the department that affects its providing services under this part except a decision made pursuant to Chapter 5 (commencing with Section 56500).
(e) Review and approve a program evaluation plan for special education programs provided by this part in accordance with Chapter 6 (commencing with Section 56600). This plan may be approved for up to three years.
(f) Recommend to the Commission on Teacher Credentialing the adoption of standards for the certification of professional personnel for special education programs conducted pursuant to this part.
(g) Adopt regulations to provide specific procedural criteria and guidelines for the identification of pupils as individuals with exceptional needs.
(h) Adopt guidelines of reasonable pupil progress and achievement for individuals with exceptional needs. The guidelines shall be developed to aid teachers and parents or guardians in assessing a pupil’s individualized education program and the appropriateness of the special education services.
(i) In accordance with the requirements of federal law, adopt regulations for all individualized education programs for individuals with exceptional needs, including programs administered by other state or local agencies.
(j) Adopt uniform rules and regulations relating to parental due process rights in the area of special education.
(k) Adopt rules and regulations regarding the ownership and transfer of materials and equipment, including facilities, related to transfer of programs, reorganization, or restructuring of special education local plan areas.
(Amended by Stats. 2007, Ch. 56, Sec. 16. 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 1 - State Board of Education › Section 56101.

56101. (a) A public agency, as defined in Section 56028.5, may request the board to grant a waiver of any provision of this code or regulations adopted pursuant to that provision if the waiver is necessary or beneficial to the content and implementation of the pupil’s individualized education program and does not abrogate any right provided individuals with exceptional needs and their parents or guardians under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or affect 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), and federal regulations relating thereto.
(b) The board may grant, in whole or in part, any request pursuant to subdivision (a) when the facts indicate that failure to do so would hinder implementation of the pupil’s individualized education program or compliance by a local educational agency with federal mandates for a free appropriate public education for children or youth with disabilities.
(Amended by Stats. 2007, Ch. 56, Sec. 17. 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 2 - Superintendent of Public Instruction › Section 56120.

56120. The superintendent shall administer the provisions of this part.
(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 2 - Superintendent of Public Instruction › Section 56121.

56121. The superintendent shall grant approval of the organization of the local plans within each county.
(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 2 - Superintendent of Public Instruction › Section 56122.

56122. (a) The Superintendent shall establish guidelines for the development of local plans, including a standard format for local plans, and provide assistance in the development of local plans. The purposes of the guidelines and assistance shall be to help districts and county offices benefit from the experience of other local agencies that implement programs under this part, including, but not limited to, reducing paperwork, increasing parental involvement, improving transparency, and providing effective staff development activities. To the extent possible, all forms, reports, and evaluations shall be designed to satisfy simultaneously state and federal requirements.
(b) On or before July 1, 2019, the department shall develop templates that shall be used by special education local plan areas, districts, and county superintendents of schools to meet the requirements of Sections 56195.1 and 56205.
(c) Commencing July 1, 2027, each local plan shall include an annual assurances support plan. The purpose of the annual assurances support plan is to demonstrate how the special education local plan area and its participating agencies are coordinating for purposes of assuring effective outcomes for pupils with disabilities. The department shall develop a template for the annual assurances support plan by July 1, 2026. The annual assurances support plan shall include all of the following elements:
(1) A description of how the governing board of the special education local plan area has determined that the special education local plan area will support participating agencies in achieving the goals, actions, and services identified in their local control and accountability plans.
(2) A description of how the governing board of the special education local plan area has determined that the special education local plan area will connect its participating agencies in need of technical assistance to the statewide system of support.
(3) A brief description of the services, technical assistance, and support the governing board of the special education local plan area has determined that it will provide in meeting the requirements under paragraphs (1) to (21), inclusive, of subdivision (a) of Section 56205.
(Amended by Stats. 2022, Ch. 52, Sec. 89. (AB 181) Effective June 30, 2022.)
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 56123.

56123. The superintendent shall review and recommend to the board for approval, local plans developed and submitted in accordance with this part.
(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 2 - Superintendent of Public Instruction › Section 56124.

56124. The superintendent shall promote innovation and improvement in the field of special education at the public and nonpublic, nonsectarian school, district, county, and state levels.
(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 2 - Superintendent of Public Instruction › Section 56125.

56125. (a) The Superintendent shall monitor, provide technical assistance, and enforce the provisions of this part pursuant to Section 56600.6.
(b) The Superintendent shall monitor the implementation of local plans by periodically conducting onsite program and fiscal reviews, in accordance with Sections 300.114 to 300.120, inclusive, of Title 34 of the Code of Federal Regulations.
(Amended by Stats. 2007, Ch. 56, Sec. 18. 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 2 - Superintendent of Public Instruction › Section 56126.

56126. The superintendent shall encourage the maximum practicable involvement of parents of children enrolled in special education programs.
(Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 2 - Administration › ARTICLE 2 - Superintendent of Public Instruction › Section 56127.

56127. The superintendent shall make recommendations in the areas of staff development, curriculum, testing and multicultural assessment, and the development of materials for special education programs.
(Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 30 - SPECIAL EDUCATION PROGRAMS › CHAPTER 2 - Administration › ARTICLE 2 - Superintendent of Public Instruction › Section 56128.

56128. The superintendent shall prepare for board approval, as necessary, any state plan required by federal law in order that this state may qualify for any federal funds available for the education 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 2 - Superintendent of Public Instruction › Section 56129.

56129. The Superintendent shall maintain the state special schools and diagnostic centers in accordance with Part 32 (commencing with Section 59000) so that the services of those schools and centers are coordinated with the services of the local educational agency.
(Amended by Stats. 2007, Ch. 56, Sec. 19. 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 2 - Superintendent of Public Instruction › Section 56130.

56130. The superintendent shall develop in accordance with Section 56602, a biennial performance report of special education programs authorized under this part for submission to the board.
(Amended by Stats. 2002, Ch. 1168, Sec. 49. Effective September 30, 2002.)
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 56131.

56131. The superintendent shall apportion funds in accordance with Chapter 7.2 (commencing with Section 56836) and approved local plans.
(Amended by Stats. 1998, Ch. 89, Sec. 18. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)