reglab/statecodes huggingface dataset:
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.5 - Adapted Physical Education for Individuals with Exceptional Needs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Adapted
					 physical education is for individuals with exceptional needs who require
					 developmental or corrective instruction and who are precluded from
					 participation in the activities of the general physical education program,
					 modified general physical education program, or in a specially designed
					 physical education program in a special class. Consultative services may be
					 provided to pupils, parents, teachers, or other school personnel for the
					 purpose of identifying supplementary aids and services or modifications
					 necessary for successful participation in the regular "D" Physical education
					 program or specially designed physical education programs.
(b) Adapted physical education shall be
					 provided only by personnel who possess a credential issued by the California
					 CTC that authorizes service in adapted physical education.
1.
						Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2.
						Amendment of subsection (b) and NOTE filed 5-5-2014; operative 7-1-2014
						(Register 2014, No. 19).
Note: Authority cited: Sections
						  56100 and
						  56366.1,
						  Education Code. Reference: Section
						  56363,
						  Education Code; and 34
						  C.F.R. Sections 300.34 and
						  300.156(b)(1).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.6 - Physical and Occupational Therapy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the district, SELPA, or county
					 office contracts for the services of a physical therapist or an occupational
					 therapist, the following standards shall apply:
(1) Occupational or physical therapists shall
					 provide services based upon recommendation of the IEP team. Physical therapy
					 and occupational therapy services for infants are limited by Education Code
					 section
					 56426.6.
					 Physical therapy services may not exceed the services specified in the Business
					 and Professions Code section
					 2620.
					 Occupational therapy services may not exceed the services specified in the
					 Business and Professions Code section
					 2570.2(k).
(2) The district, SELPA, or county office
					 shall assure that the therapist has available safe and appropriate
					 equipment.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.7 - Vision Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Vision services may include:
(1) Adaptations
					 in curriculum, media, and the environment, as well as instruction in special
					 skills.
(2) Consultative services
					 to pupils, parents, teachers, and other school personnel.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.75 - Vision Therapy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Vision therapy may include: Remedial and/or developmental instruction provided
					 directly by or in consultation with the optometrist, ophthalmologist, or other
					 qualified licensed physician and surgeon provided ongoing care to the
					 individual.
(b) Vision therapy
					 shall be provided by an optometrist, ophthalmologist, or by appropriate
					 qualified school personnel when prescribed by a licensed optometrist,
					 ophthalmologist, or other qualified licensed physician and surgeon.
(c) Procedures which may be utilized by
					 qualified personnel are those procedures authorized by federal and state laws
					 and regulations and performed in accordance with these laws and regulations and
					 standards of the profession.
1. Change
						without regulatory effect amending NOTE filed 9-27-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 39).
2. Amendment of NOTE filed
						5-5-2014; operative 7-1-2014 (Register 2014, No.
						19).
Note: Authority cited: Sections
						  56100 and
						  56366.1,
						  Education Code. Reference: Section
						  56363,
						  Education Code; and 34
						  C.F.R. Sections 300.34 and
						  300.156(b)(1).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.8 - Specialized Driver Training Instruction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Specialized driver training instruction
					 may include instruction to an individual with exceptional needs to supplement
					 the regular driver training program. The IEP team shall determine the need for
					 supplementary specialized driver training instruction. The need to supplement
					 the regular program shall be based on an assessment of the pupil's health,
					 physical, and/or educational needs which require modifications which cannot be
					 met through a regular driver training program.
(b) Driver training for individuals herein
					 described must be provided by qualified teachers, as defined by Education Code
					 sections
					 41906 and
					 41907.
1. Change
						without regulatory effect amending section and NOTE filed 9-27-2012 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2012, No. 39).
2. Amendment of NOTE filed
						5-5-2014; operative 7-1-2014 (Register 2014, No.
						19).
Note: Authority cited: Sections
						  56100 and
						  56366.1,
						  Education Code. Reference: Sections
						  41906,
						  41907 and
						  56363,
						  Education Code; and 34
						  C.F.R. Sections 300.34 and
						  300.156(b)(1).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.9 - Counseling and Guidance Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Counseling and guidance services may be
					 provided to an individual with exceptional needs who requires additional
					 counseling and guidance services to supplement the regular guidance and
					 counseling program. The IEP team shall determine the need for additional
					 guidance and counseling services.
(b) Counseling and guidance services
					 necessary to implement the IEP may include:
(1) Educational counseling in which the pupil
					 is assisted in planning and implementing his or her immediate and long-range
					 educational program.
(2) Career
					 counseling in which the pupil is assisted in assessing his or her aptitudes,
					 abilities, and interests in order to make realistic career decisions.
(3) Personal counseling in which the pupil is
					 helped to develop his or her ability to function with social and personal
					 responsibility.
(4) Counseling and
					 consultation with parents and staff members on learning problems and guidance
					 programs for pupils.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.10 - Psychological Services Other than Assessment and Development of the IEP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Psychological
					 services may include:
(1) Counseling provided
					 to an individual with exceptional needs by a credentialed or licensed
					 psychologist or other qualified personnel.
(2) Consultative services to parents, pupils,
					 teachers, and other school personnel.
(3) Planning and implementing a program of
					 psychological counseling for individuals with exceptional needs and
					 parents.
(4) Assisting in
					 developing positive behavioral intervention strategies.
(5) This term does not include assessment
					 services and the development of an IEP.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.11 - Parent Counseling and Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Parent counseling and training may
					 include:
(1) Assisting parents in
					 understanding the special needs of their child, and
(2) Providing parents with information about
					 child development.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.12 - Health and Nursing Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Health and nursing services may include:
(1) Providing services by qualified
					 personnel.
(2) Managing the
					 individual's health problems on the school site.
(3) Consulting with pupils, parents,
					 teachers, and other personnel.
(4)
					 Group and individual counseling with parents and pupils regarding health
					 problems.
(5) Maintaining
					 communication with health agencies providing care to individuals with
					 disabilities.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.13 - Social Worker Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Social work services may include:
(1)
					 Individual and group counseling with the individual and his or her immediate
					 family.
(2) Consultation with
					 pupils, parents, teachers, and other personnel regarding the effects of family
					 and other social factors on the learning and developmental requirements of
					 individual pupils with exceptional needs.
(3) Developing a network of community
					 resources, making appropriate referral and maintaining liaison relationships
					 among the school, the pupil with exceptional needs, the family, and the various
					 agencies providing social, income maintenance, employment development, mental
					 health, or other developmental services.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.14 - Specially Designed Vocational Education and Career Development

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Specially
					 designed vocational education and career development for individuals with
					 exceptional needs regardless of severity of disability may include:
(1) Providing prevocational programs and
					 assessing work-related skills, interests, aptitudes, and attitudes.
(2) Coordinating and modifying the regular
					 vocational education program.
(3)
					 Assisting individuals in developing attitudes, self-confidence, and vocational
					 competencies to locate, secure, and retain employment in the community or
					 sheltered environment, and to enable such individuals to become participating
					 members of the community.
(4)
					 Establishing work training programs within the school and community.
(5) Assisting in job placement.
(6) Instructing job trainers and employers as
					 to the unique needs of the individuals.
(7) Maintaining regularly scheduled contact
					 with all work stations and job-site trainers.
(8) Coordinating services with the Department
					 of Rehabilitation and other agencies as designated in the
					 IEP.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.15 - Recreation Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Recreation services include but are not limited to:
(1) Therapeutic recreation services which are
					 those specialized instructional programs designed to assist pupils in becoming
					 as independent as possible in leisure activities, and when possible and
					 appropriate, facilitate the pupil's integration into regular recreation
					 programs.
(2) Recreation programs
					 in schools and the community which are those programs that emphasize the use of
					 leisure activity in the teaching of academic, social, and daily living skills;
					 and, the provision of nonacademic and extracurricular leisure activities and
					 the utilization of community recreation programs and facilities.
(3) Leisure education programs which are
					 those specific programs designed to prepare the pupil for optimum independent
					 participation in appropriate leisure activities, including teaching social
					 skills necessary to engage in leisure activities, and developing awareness of
					 personal and community leisure resources.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.16 - Specialized Services for Low-Incidence Disabilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Specialized services for low-incidence
					 disabilities may include:
(1) Specially
					 designed instruction related to the unique needs of pupils with low-incidence
					 disabilities provided by teachers credentialed pursuant to Education Code
					 section
					 44265.
(2) Specialized services related to the
					 unique needs of pupils with low-incidence disabilities provided by qualified
					 individuals such as interpreters, notetakers, readers, transcribers, and other
					 individuals who provide specialized materials and
					 equipment.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.17 - Services for Pupils with Chronic Illnesses or Acute Health Problems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Specialized
					 services may be provided to pupils determined eligible pursuant to section
					 3030(f). Such
					 services include but are not limited to:
(1)
					 Individual consultation;
(2) Home
					 or hospital instruction; and
(3)
					 Other instructional methods using advanced communication
					 technology.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.18 - Related Services for the Deaf and Hard of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Instruction and services for deaf and
					 hard of hearing pupils shall be provided by an individual holding an
					 appropriate credential, who has competencies to provide services to the hearing
					 impaired and who has training, experience and proficient communication skills
					 for educating pupils with hearing impairments. Such services may include but
					 need not to be limited to:
(1) Speech, speech
					 reading and auditory training.
(2)
					 Instruction in oral, sign, and written language development.
(3) Rehabilitative and educational services
					 for hearing impaired individuals to include monitoring amplification,
					 coordinating information for the annual review, and recommending additional
					 services.
(4) Adapting curricula,
					 methods, media, and the environment to facilitate the learning
					 process.
(5) Consultation to
					 pupils, parents, teachers, and other school personnel as necessary to maximize
					 the pupil's experience in the regular education program.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.19 - Assistive Technology Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Assistive technology service" means any
					 service that directly assists an individual with exceptional needs in the
					 selection or use of an assistive technology device that is educationally
					 necessary. The term includes the evaluation of the needs of an individual with
					 exceptional needs including a functional evaluation of the individual in the
					 individual's customary environment; coordinating and using other therapies,
					 interventions, or services with assistive technology devices, such as those
					 associated with existing education programs and rehabilitation plans and
					 programs; training or technical assistance for an individual with exceptional
					 needs or, where appropriate, the family of an individual with exceptional needs
					 or, if appropriate, that individual's family; and training or technical
					 assistance for professionals (including individuals providing education and
					 rehabilitation services), employers or other individuals who provide services
					 to, employ, or are otherwise substantially involved in the major life functions
					 of individuals with exceptional needs.
(b) Assistive technology services shall be
					 provided only by personnel who possess a:
(1)
					 license in Physical Therapy issued by a licensing agency within the Department
					 of Consumer Affairs, where the utilization of assistive technology services
					 falls within the scope of practice of physical therapy as defined in Business
					 and Professions Code section
					 2620
					 and implementing regulations; or
(2) license in Occupational Therapy issued by
					 a licensing agency within the Department of Consumer Affairs; or
(3) license in Speech-Language Pathology
					 issued by a licensing agency within the Department of Consumer Affairs or a
					 valid document, issued by the California CTC, where the function of the
					 assistive technology service is augmentative communication; or
(4) baccalaureate degree in engineering with
					 emphasis in assistive technology; or
(5) baccalaureate degree in a related field
					 of engineering with a graduate certificate in rehabilitation technology or
					 assistive technology; or
(6)
					 certification from the Rehabilitation Engineering and Assistive Technology
					 Society of North America and Assistive Technology Provider (RESNA/ATP);
					 or
(7) certificate in assistive
					 technology applications issued by a regionally accredited post-secondary
					 institution; or
(8) credential that
					 authorizes special education of physically impaired, orthopedically impaired,
					 or severely impaired pupils.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.20 - Early Education Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Early education" means the program and
					 services specified by Education Code section
					 56425 et.
					 seq.
(b) Early education programs
					 for children with disabilities, as defined in Education Code section
					 56426,
					 shall be provided only by personnel who meet the appropriate personnel
					 qualifications set forth in this article and comply with Education Code section
					 56426.2.
1. New
						section filed 5-5-2014; operative 7-1-2014 (Register 2014, No.
						19).
Note: Authority cited: Sections
						  56100 and
						  56366.1,
						  Education Code. Reference: Sections
						  56363 and
						  56430,
						  Education Code; and 34
						  C.F.R. Sections 300.34 and
						  300.156(b)(1).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.21 - Music Therapy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 According to the Certification Board for Music Therapists "Music therapy is the
					 specialized use of music by a credentialed professional who develops
					 individualized treatment and supportive interventions for people of all ages
					 and ability levels to address their social, communication, emotional, physical,
					 cognitive, sensory and spiritual needs."
(b) Music therapy shall be provided only by
					 personnel who hold a Music Therapist - Board Certified credential from the
					 Certification Board for Music Therapists (CBMT) on the completion of all
					 academic and clinical training requirements, and after successfully passing the
					 CBMT National Board Certification Examination.
1. New
						section filed 5-5-2014; operative 7-1-2014 (Register 2014, No.
						19).
Note: Authority cited: Sections
						  56100 and
						  56366.1,
						  Education Code. Reference: Section
						  56363,
						  Education Code; and 34
						  C.F.R. Sections 300.34 and
						  300.156(b)(1).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.22 - Transcription Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Transcribers for visually impaired pupils shall have a
						certificate issued by the Library of Congress as a Braille
						Transcriber.
1. New
						section filed 5-5-2014; operative 7-1-2014 (Register 2014, No.
						19).
Note: Authority cited: Sections
						  56100 and
						  56366.1,
						  Education Code. Reference: Section
						  56363,
						  Education Code; and 34
						  C.F.R. Sections 300.34 and
						  300.156(b)(1).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.23 - Behavioral Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to Education Code section
					 56520,
					 behavioral interventions shall be designed or planned only by personnel who
					 have a:
(1) Pupil Personnel Services
					 Credential that authorizes school counseling or school psychology; or
(2) credential authorizing the holder to
					 deliver special education instruction; or
(3) license as a Marriage and Family
					 Therapist certified by the Board of Behavioral Sciences, within the Department
					 of Consumer Affairs; or
(4) license
					 as a Clinical Social Worker by the Board of Behavioral Sciences, within the
					 Department of Consumer Affairs; or
(5) license as an Educational Psychologist
					 issued by a licensing agency within the Department of Consumer Affairs;
					 or
(6) license in psychology
					 regulated by the Board of Psychology, within the Department of Consumer
					 Affairs; or
(7) master's degree
					 issued by a regionally accredited post-secondary institution in education,
					 psychology, counseling, behavior analysis, behavior science, human development,
					 social work, rehabilitation, or in a related field.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3051.24 - Other Related Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Other related services not identified in sections
						3051.1 through
						3051.23 shall be provided only by
						staff who possess a:
(a) license to
					 perform the service issued by an entity within the Department of Consumer
					 Affairs or another state licensing office; or
(b) credential issued by the California CTC
					 authorizing the service.
1. New
						section filed 5-5-2014; operative 7-1-2014 (Register 2014, No.
						19).
Note: Authority cited: Sections
						  56100 and
						  56366.1,
						  Education Code. Reference: Section
						  56363,
						  Education Code; and 34
						  C.F.R. Sections 300.18,
						  300.34 and
						  300.156(b)(1).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3052 - Designated Positive Behavioral Interventions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 4-20-93; operative 5-20-93 (Register 93, No. 17).
2.
						Amendment of subsections (b), (b)(2)(D), (c), (i), (i)(5) and (i)(7) filed
						2-23-96 as an emergency; operative 2-23-96 (Register 96, No. 8). A Certificate
						of Compliance must be transmitted to OAL by 6-22-96 or emergency language will
						be repealed by operation of law on the following day.
3. Certificate
						of Compliance as to 2-23-96 order including further amendment of subsection (b)
						transmitted to OAL 6-21-96 and filed 8-5-96 (Register 96, No.
						32).
4. Change without regulatory effect amending subsections
						(a)(1), (a)(3), (b), (b)(2)(D), (c), (g), (i)(2), (i)(9), (k)-(l), (l)(5)-(6)
						and (m) and amending NOTE filed 9-27-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 39).
5. Change without regulatory
						effect repealing section filed 10-16-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 42).
Note: Authority cited: Section
						  56100,
						  Education Code. Reference: Sections
						  56520,
						  56521 and
						  56523,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3053 - Special Classes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Placement in a special day class shall not limit or restrict the consideration
					 of other options, including services provided in a vocational education program
					 or any combination of programs and placements as may be required to provide the
					 services specified in a pupil's IEP.
(b) The following standards for special
					 classes shall be met:
(1) A special class
					 shall be composed of individuals whose needs as specified in the IEPs can be
					 appropriately met within the class.
(2) Pupils in a special class shall be
					 provided with an educational program in accordance with their IEPs for at least
					 the same length of time as the regular school day for that chronological peer
					 group:
(A) When an individual can benefit by
					 attending a regular program for part of the day, the amount of time shall be
					 written in the IEP.
(B) When the
					 IEP team determines that an individual cannot function for the period of time
					 of a regular school day, and when it is so specified in the IEP, an individual
					 may be permitted to attend a special class for less time than the regular
					 school day for that chronological peer group.
(3) The procedure for allocation of aides for
					 special classes shall be specified in the local plan. Additional aide time may
					 be provided when the severity of the disabling conditions of the pupils or the
					 age of the pupils justifies it, based on the IEPs.
(4) Special class(es) shall be located to
					 promote maximum appropriate interaction with regular educational
					 programs.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 5 - Implementation (Program Components) › Section 3054 - Special Center. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 5-5-2014; operative 7-1-2014 (Register 2014, No.
						19).
Note: Authority cited: Section
						  56100(a)
						  and
						  56100(i),
						  Education Code; 20 U.S.C.
						  1414(c)(2)(B); and
						  34 C.F.R.
						  300.600. Reference: Sections
						  56001 and
						  56364,
						  Education Code; and 34
						  C.F.R.
						  300.550-554.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 6 - Nonpublic, Nonsectarian School and Agency Services › Section 3062 - Contracts and Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A master contract shall be used by an LEA
					 for entering into formal agreements with certified nonpublic schools or
					 nonpublic agencies. The term of the contract shall not exceed one year. The
					 contract shall specify the administrative and financial agreements between the
					 LEA and the nonpublic school or nonpublic agency.
(b) No master contract with the LEA shall be
					 contingent upon nonpublic school or nonpublic agency individual contracts or
					 agreements with parents.
(c) The
					 master contract shall, at a minimum, include:
(1) general provisions relating to
					 modifications and amendments, notices, waivers, disputes, contractor's status,
					 conflicts of interest, termination, inspection and audits, compliance with
					 applicable state and federal laws and regulations, attendance, record-keeping,
					 and reporting requirements;
(2)
					 payment schedules to include, but not limited to payment amounts, payment
					 demand, right to withhold and audit exceptions;
(3) indemnification and reasonable insurance
					 requirements; and
(4) procedures
					 and responsibilities for attendance and unexcused absences.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 6 - Nonpublic, Nonsectarian School and Agency Services › Section 3063 - Program Reviews

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The SSPI shall conduct a validation review of the nonpublic school prior to an
					 initial conditional certification. An on-site review shall be conducted within
					 90 days of the initial conditional certification and student enrollment.
					 On-site reviews shall be scheduled at least once every three years
					 thereafter.
(b) The nonpublic
					 school, the contracting LEA, and the SELPA shall be given a minimum of 30 days
					 prior notice before an on-site review.
(c) The person serving as the lead of the
					 review team shall confer with the school administrator at least 48 hours prior
					 to the on-site review to discuss the procedures and the number of days required
					 for the review. The lead of the review team shall identify those persons who
					 are to participate in the on-site review.
(d) Nonpublic schools and nonpublic agencies
					 may be visited at any time without prior notice when there is substantial
					 reason to believe that there is an immediate danger to the health, safety, or
					 welfare of a child or group of children. The SSPI shall document the concern
					 and submit it to the nonpublic school or nonpublic agency at the time of the
					 on-site monitoring.
(e) On-site
					 reviews shall include the following procedures:
(1) an entrance meeting to acquaint the
					 on-site review team with the nonpublic school or nonpublic agency staff and
					 site to discuss the purpose and objectives of the review;
(2) a review and examination of files and
					 documents, classroom observations and interviews with the site administrator,
					 teachers, students, volunteers and parents to determine compliance with all
					 applicable state and federal laws and regulations; and
(3) an exit meeting to provide the nonpublic
					 school or nonpublic agency with a preliminary preview of the on-site review
					 findings, verify compliance and offer technical assistance including how to
					 resolve issues of noncompliance.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 6 - Nonpublic, Nonsectarian School and Agency Services › Section 3064 - Staff Qualifications - Special Education Instruction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In each classroom for which the nonpublic
					 school is seeking certification, the nonpublic school shall deliver instruction
					 utilizing personnel who possess a credential authorizing the holder to deliver
					 special education instruction according to the age range and disabling
					 conditions of individuals with exceptional needs enrolled in the nonpublic
					 school.
(1) During situations when
					 instructional personnel leave the employ of the nonpublic school with little or
					 no notice, the nonpublic school may employ a person who holds a Provisional
					 Internship Permit or a Short Term Staff Permit.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 6 - Nonpublic, Nonsectarian School and Agency Services › Section 3065 - Staff Qualifications - Related Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be eligible for certification to
					 provide related services to individuals with exceptional needs, nonpublic
					 schools and nonpublic agencies shall meet the requirements of sections
					 3051 et seq.
(b) Pursuant to Education Code section
					 56366.1(n),
					 only those nonpublic, nonsectarian schools or agencies located outside of
					 California that employ staff who hold a current valid credential or license to
					 render special education and related services as required by that state shall
					 be eligible to be certified.
1. Change
						without regulatory effect repealing section filed 12-4-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 49).
2. New section filed 9-1-99;
						operative 9-1-99 pursuant to Government Code section
						11343.4(d)
						(Register 99, No. 36).
3. Amendment of subsections (t)-(t)(1),
						repealer of subsections (t)(2)-(4), new subsection (t)(2) and amendment of NOTE
						filed 7-29-2002; operative 8-28-2002 (Register 2002, No. 31).
4.
						Amendment of section and NOTE filed 2-22-2008; operative 3-23-2008 (Register
						2008, No. 8).
5. Amendment of section heading, section and NOTE
						filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
6.
						Amendment filed 5-5-2014; operative 7-1-2014 (Register 2014, No.
						19).
Note: Authority cited: Sections
						  33031,
						  56100 and
						  56366,
						  Education Code. Reference: Sections
						  2620,
						  2903,
						  2905,
						  4980.02,
						  4989.14,
						  4996.9
						  and
						  17505.2,
						  Business and Professions Code; Sections
						  49422 and
						  56366.1,
						  Education Code; 20 U.S.C.
						  Section 1401; and
						  34 C.F.R. Sections
						  300.18,
						  300.34 and
						  300.156(b)(1).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 6 - Nonpublic, Nonsectarian School and Agency Services › Section 3066 - Out-of-State Nonpublic Schools/Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of determining eligibility for certification
						for a nonpublic school or nonpublic agency located in a state other than
						California, the CDE may accept a valid certificate, credential, license, or
						registration issued by another state for the requirements set forth in sections
						3064 and
						3065.
1. Change
						without regulatory effect repealing section filed 12-4-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 49).
2. New section filed 9-1-99;
						operative 9-1-99 pursuant to Government Code section
						11343.4(d)
						(Register 99, No. 36).
3. Amendment of section and NOTE filed
						3-27-2009; operative 4-26-2009 (Register 2009, No.
						13).
Note: Authority cited: Sections
						  33031,
						  56100 and
						  56366,
						  Education Code. Reference: Section
						  56366.1,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 6 - Nonpublic, Nonsectarian School and Agency Services › Section 3067 - Certification Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Certification shall become effective on the date when the nonpublic school or
					 nonpublic agency meets all the application requirements and is approved by the
					 SSPI except as specified in subdivision
					 3067(b).
(b) Certification may be retroactive,
					 provided the nonpublic school or nonpublic agency met all the requirements for
					 certification on the date the retroactive certification is effective.
(c) The certification status of a nonpublic
					 school or nonpublic agency shall be one of the following:
(1) approved certification with no conditions
					 or limitations;
(2) conditional
					 certification for a limited period of time. A conditional certification
					 indicates that the nonpublic school or nonpublic agency has not met all the
					 certification requirements;
(3)
					 suspended certification for a defined period of time pursuant to the provisions
					 of Education Code section
					 56366.4.
					 Nonpublic schools or nonpublic agencies with a suspended certification cannot
					 accept new pupils.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 6 - Nonpublic, Nonsectarian School and Agency Services › Section 3068 - Appeals Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20 working days of receipt of
					 notice, nonpublic schools or nonpublic agencies (appellant) may file a written
					 petition (appeal), on forms provided by the SSPI, to request a review of the
					 decision to deny, suspend or revoke certification pursuant to Education Code
					 section
					 56366.6.
(b) All appeals shall be mailed to the Office
					 of Administrative Hearings (OAH), Department of General Services.
(c) There shall be three options for
					 appealing the denial, suspension or revocation of certification. The nonpublic
					 school or nonpublic agency may request:
(1) a
					 written review of the decision to deny, suspend or revoke certification.
The OAH shall analyze the documentation provided by the
						appellant and materials provided by the CDE and render a
						decision;
(2) a written
					 review with an oral argument. The OAH shall analyze the documentation provided
					 by the appellant and materials provided by the CDE. The appellant shall also
					 appear before a hearing officer, on a date scheduled by the OAH, to provide
					 oral testimony in support of the appeal. The CDE shall also attend the hearing
					 and present testimony to support the decision to deny, suspend or revoke
					 certification. The hearing officer may ask questions of either party. All
					 testimony shall be tape-recorded; or
(3) an oral hearing. The appellant shall
					 appear before a hearing officer, on a date scheduled by the OAH, to provide
					 oral testimony in support of the appeal. The CDE shall also attend the hearing
					 and present testimony to support the decision to deny, suspend or revoke
					 certification. The hearing officer shall provide the opportunity for both
					 parties to review evidence, call witnesses and cross-examine witnesses. If the
					 appellant fails to appear at the hearing, the petitioner waives the right to a
					 future hearing, unless the hearing officer agrees to reschedule the hearing
					 because of extenuating circumstances.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 6 - Nonpublic, Nonsectarian School and Agency Services › Section 3069 - Annual Review of Individualized Education Program (IEP)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Review of the pupil's IEP shall be conducted at least
						annually by the public education agency. The public education agency shall
						ensure that review schedules are specified in the IEP and contract for the
						pupil. An elementary school district shall notify a high school district of all
						pupils placed in a nonpublic school or agency programs prior to the annual
						review of the IEP for each pupil who may transfer to the high school
						district.
1.
						Renumbering of former section
						3069 to new section
						3070 and renumbering of former
						section 3068 to section
						3069 filed 9-1-99; operative 9-1-99
						pursuant to Government Code section
						11343.4(d)
						(Register 99, No. 36).
2. Amendment of section heading, section and
						NOTE filed 3-27-2009; operative 4-26-2009 (Register 2009, No.
						13).
3. Change without regulatory effect amending NOTE filed
						9-27-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 39).
Note: Authority cited: Section
						  56100,
						  Education Code. Reference: Sections
						  56345,
						  56365 and
						  56366,
						  Education Code; and 34
						  C.F.R. Sections 300.145,
						  300.146,
						  300.147,
						  300.148,
						  300.323 and
						  300.324.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 6 - Nonpublic, Nonsectarian School and Agency Services › Section 3070 - Graduation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When an individual with exceptional needs meets public
						education agency requirements for completion of prescribed course of study
						designated in the pupil's IEP, the public education agency which developed the
						IEP shall award the diploma.
1.
						Renumbering of former section
						3069 to new section
						3070 filed 9-1-99; operative 9-1-99
						pursuant to Government Code section
						11343.4(d)
						(Register 99, No. 36).
2. Amendment of section and NOTE filed
						3-27-2009; operative 4-26-2009 (Register 2009, No.
						13).
Note: Authority cited: Section
						  56100,
						  Education Code. Reference: Sections
						  56345 and
						  56365-
						  56366.5,
						  Education Code; and 34
						  C.F.R. Sections 300.145,
						  300.146,
						  300.147,
						  300.148,
						  300.323 and
						  300.324.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7 - Procedural Safeguards › Section 3080 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Sections
					 3200 through
					 3204 apply to the filing of a
					 complaint, in accordance with provisions of 34 Code of Federal Regulations (34
					 C.F.R.) sections
					 300.150,
					 300.151,
					 300.152 and
					 300.153, regarding a public
					 agency's alleged violation of federal or state law or regulation relating to
					 the provision of a free appropriate public education.
(b) Section
					 3082 applies to due process hearing
					 procedures for the resolution of disagreements between a parent and a public
					 agency regarding the proposal, or refusal of a public agency to initiate or
					 change the identification, assessment, or educational placement of the pupil or
					 the provision of a free appropriate public education to the pupil.
1.
						Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2.
						Amendment of subsection (a) filed 8-26-91; operative 9-25-91 (Register 92, No.
						3).
3. Editorial correction deleting duplicate heading (Register 95,
						No. 9).
4. Change without regulatory effect amending subsection (a)
						and NOTE filed 9-27-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 39).
5. Amendment of section and
						NOTE filed 5-21-2020; operative 7-1-2020 (Register 2020, No.
						21).
Note: Authority cited: Sections
						  33315 and
						  56100,
						  Education Code. Reference: Sections
						  56500.1 and
						  56500.2,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 7 - Procedural Safeguards › Section 3081 - Complaint Procedures. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of former section
						3081 to section
						3082, and renumbering and amendment
						of section 3080(a)(1)-(n) to
						section 3081 filed 3-21-88; operative
						4-20-88 (Register 88, No. 15). For prior history, see Registers 86, No. 21; 82,
						No. 18; and 82, No. 6.
2. Repealer filed 8-26-91; operative 9-25-91
						(Register 92, No. 3).
Note: Authority cited: Sections
						  56100(a) and
						  (j), Education Code. Reference: Sections
						  56500.1 and
						  56500.2,
						  Education Code; and 34 CFR
						  76.780-783.