California Code of Regulations › Title 2 - Administration › Division 9 - Joint Regulations for Pupils with Disabilities › Chapter 1 - Interagency Responsibilities for Providing Services to Pupils with Disabilities › Article 1 - General Provisions › Section 60010 - Education Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Words
				  shall have their usual meaning unless the context or a definition of a word or
				  phrase indicates a different meaning. Words used in their present tense shall
				  include the future tense; words in the singular form shall include the plural form;
				  and use of the masculine gender shall include the feminine gender.
(b) "Administrative designee" means the individual
				  who fulfills the role as described in paragraph (4) of subsection (b) of Section
				  56341 of the
				  Education Code and paragraph (4) of subsection (a) of Section
				  300.321 of Title 34 of the Code of
				  Federal Regulations.
(c) "Assessment"
				  means an individual evaluation of a pupil in all areas of suspected disability in
				  accordance with Sections
				  56320 through
				  56329 and Section
				  56337 of the
				  Education Code and Sections
				  300.300 through
				  300.311 of Title 34 of the Code of
				  Federal Regulations.
(d) "Assessment
				  plan" means a written statement that delineates how a pupil will be evaluated and
				  meets the requirements of Section
				  56321 of the
				  Education Code.
(e) "Confidentiality"
				  means the restriction of access to verbal and written communications, including
				  clinical, medical and educational records, to appropriate parties under Section
				  99.30 of Title 34 of the Code of
				  Federal Regulations, Section
				  300.610 et seq. of Title 34 of the Code
				  of Federal Regulations, Sections
				  827,
				  4514,
				  5328,
				  and
				  10850
				  of the Welfare and Institutions Code, and Sections
				  49060 through
				  49079 of the
				  Education Code.
(f) "County
				  superintendent of schools" means either an appointed or elected official who
				  performs the duties specified in Chapter 2 (commencing with Section
				  1240) of Part 2 of Title 1 of the
				  Education Code.
(g) "Day" means a
				  calendar day pursuant to Section
				  56023 of the
				  Education Code.
(h) "Designated
				  instruction and services" means specially designed instruction and related services
				  described in subsection (b) of Section
				  56361 and subsection (b) of Section
				  56363 of the
				  Education Code, and Section
				  3051 of Title 5 of the California Code
				  of Regulations, as may be required to assist a pupil with a disability to benefit
				  educationally.
(i) "Individualized
				  education program," hereinafter "IEP," means a written statement developed in
				  accordance with Section
				  7575 of the
				  Government Code, Sections
				  56341 and
				  56342 of the
				  Education Code and Sections
				  300.320 through
				  300.328 of Title 34 of the Code of
				  Federal Regulations, which contains the elements specified in Section
				  56345 of the
				  Education Code and Section
				  300.320 of Title 34 of the Code of
				  Federal Regulations.
(j) "Individualized
				  education program team," hereinafter "IEP team," means a group which is constituted
				  in accordance with Section
				  56341 of the
				  Education Code and Title 20, United States Code Section
				  1414(d)(1)(B).
(k) "Local education agency," hereinafter "LEA,"
				  means a school district or county office of education which provides special
				  education and related services.
(l)
				  "Local interagency agreement" means a written document negotiated between two or
				  more public agencies which defines each agency's role and responsibilities for
				  providing services to pupils with disabilities and for facilitating the coordination
				  of these services in accordance with the provisions of Section
				  56195.7(d)
				  of the Education Code.
(m) "Necessary to
				  benefit from special education" means a service that assists the pupil with a
				  disability in progressing toward the goals and objectives listed in the IEP in
				  accordance with subsection (c) of Section
				  7572 and paragraph (2) of subsection (a)
				  of Section
				  7575 of the
				  Government Code.
(n) "Nonpublic,
				  nonsectarian agency" means a private, nonsectarian establishment or individual that
				  is certified by the California Department of Education and that provides related
				  services and/or designated instruction and services necessary for a pupil with a
				  disability to benefit educationally from the pupil's IEP. 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, or 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.
(o) "Nonpublic, nonsectarian
				  school" means a private, nonsectarian school that enrolls individuals with
				  exceptional needs pursuant to an IEP, employs at least one full-time teacher who
				  holds an appropriate credential authorizing special education services, and is
				  certified by the California Department of Education. It does not include an
				  organization or agency that operates as a public agency or offers public services,
				  including but not limited to, a state or local agency, or 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.
(p) "Parent" includes any person having legal
				  custody of a child. "Parent," in addition, includes any adult pupil for whom no
				  guardian or conservator has been appointed and the person having custody of a minor
				  if neither the parent nor legal guardian can be notified of the educational action
				  under consideration. "Parent" also includes a parent surrogate who has been
				  appointed in accordance with Section
				  7579.5 of the
				  Government Code and Section
				  56050 of the
				  Education Code. The term "Parent" does not include the state or any political
				  subdivision of government.
(q) "Pupil"
				  or "Pupil with a disability" means those students, birth through 21 years of age, as
				  defined in Section
				  300.8 of Title 34 of the Code of
				  Federal Regulations, who meet the requirements of Section
				  56026 of the
				  Education Code and Sections
				  3030 and
				  3031 of Title 5 of the California Code
				  of Regulations and who, because of their impairments, need special education and
				  related services as defined in subsections (26) and (29) of Section
				  1401 of Title 20 of the United States
				  Code. This term includes handicapped children, children with disabilities and
				  individuals with exceptional needs as defined in Section
				  56026 of the
				  Education Code. The determination that an individual is a pupil with a disability is
				  made only by an IEP team pursuant to Section
				  56342 of the
				  Education Code.
(r) "Qualified" means
				  that a person has met federal and state certification, licensing, registration, or
				  other comparable requirements which apply to the area in which he or she is
				  providing special education or related services, or, in the absence of such
				  requirements, meets the state-education-agency-approved or recognized requirements
				  and adheres to the standards of professional practice established in federal and
				  state law or regulation, including the standards contained in the California
				  Business and Professions Code.
(s)
				  "Related services" means those services that are necessary for a pupil with a
				  disability to benefit from his or her special education program in accordance with
				  Title 20, United States Code Section
				  1401(26).
(t) "Special education" means specially designed
				  instruction and related services to meet the unique needs of a pupil with a
				  disability, as described in Section
				  56031 of the
				  Education Code and Section
				  300.39 of Title 34 of the Code of
				  Federal Regulations.
(u) "Special
				  education local plan" means a plan developed in accordance with Sections
				  56205 through
				  56213 of the
				  Education Code which identifies each participating LEA's roles and responsibilities
				  for the provision of special education and related services within the service
				  area.
(v) "Special education local plan
				  area," hereinafter "SELPA," means the service area covered by a special education
				  local plan, and is the governance structure created under any of the planning
				  options of Section
				  56205 of the
				  Education Code.
1. New section
					 refiled 5-1-87 as an emergency; designated effective 5-1-87 (Register 87, No. 30). A
					 Certificate of Compliance must be transmitted to OAL within 120 days or emergency
					 language will be repealed on 8-31-87.
2. Division 9 (Chapter 1, Articles
					 1-9, Sections 60000-60610, not consecutive) shall not
					 be subject to automatic repeal until the final regulations take effect on or before
					 June 30, 1988 pursuant to Item 4440-131-001(b)(2), Chapter 135, Statutes of 1987
					 (Register 87, No. 46).
3. Division 9 (Chapter 1, Articles 1-9, Sections
					 60000-60610, not consecutive) shall not
					 be subject to automatic repeal until the final regulations take effect on or before
					 June 30, 1997, pursuant to Government Code section
					 7587, as
					 amended by Stats. 1996, c. 654 (A.B. 2726, §
											4.) (Register 98, No. 26).
4.
					 Division 9 (Chapter 1, Articles 1-9, Sections
					 60000-60610, not consecutive) repealed
					 June 30, 1997, by operation of Government Code section
					 7587, as
					 amended by Stats. 1996, c. 654 (A.B. 2726, §
											4.) (Register 98, No. 26).
5.
					 New section filed 6-26-98 as an emergency; operative 7-1-98 (Register 98, No. 26). A
					 Certificate of Compliance must be transmitted to OAL by 10-29-98 or emergency
					 language will be repealed by operation of law on the following day.
6.
					 Editorial correction restoring prior HISTORIES 1-2, adding new HISTORIES 3-4, and
					 renumbering and amending existing HISTORY 1 to new HISTORY 5 (Register 98, No.
					 44).
7. New section refiled 10-26-98 as an emergency; operative 10-29-98
					 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by
					 2-26-99 or emergency language will be repealed by operation of law on the following
					 day.
8. New section refiled 2-25-99 as an emergency; operative 2-26-99
					 (Register 99, No. 9). A Certificate of Compliance must be transmitted to OAL by
					 6-28-99 or emergency language will be repealed by operation of law on the following
					 day.
9. Certificate of Compliance as to 2-25-99 order, including
					 amendment of subsections (d), (j) and (q)-(v) and amendment of NOTE, transmitted to
					 OAL 6-25-99 and filed 8-9-99 (Register 99, No. 33).
10. Amendment of
					 subsections (b)-(c), (e), (i), (l)-(m), (q) and (s)-(v) and amendment of NOTE filed
					 9-10-2015; operative 1-1-2016 (Register 2015, No.
					 37).
Note: Authority cited: Section
						7587,
						Government Code. Reference: Sections
						7570 and
						7579.5,
						Government Code; Section
						5328,
						Welfare and Institutions Code; Sections
						1240,
						49060-
						49079,
						56023,
						56026,
						56028,
						56031,
						56034,
						56035,
						56050,
						56205-
						56208,
						56320-
						56329 and
						56341, Education
						Code; Clovis Unified School District (1990, Ninth Circuit) 903 F.2d 635; Section
						1401, Title 20, United States Code; and
						Sections 300.8,
						300.39,
						300.320-300.328,
						300.300-300.311 and
						300.610, Title 34, Code of Federal
						Regulations.