reglab/statecodes huggingface dataset:
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 2 - Pupils › Subchapter 6 - California High School Exit Examination [Repealed] › Article 5 - Apportionment [Repealed] › Section 1225 - Apportionment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						article 5 (section
						1225) and section filed 6-20-2001;
						operative 7-20-2001 (Register 2001, No. 25).
2. Amendment of NOTE
						filed 5-1-2003; operative 5-1-2003 pursuant to Government Code section
						11343.4
						(Register 2003, No. 18).
3. Amendment of subsection (c) and new
						subsection (d) filed 5-19-2004; operative 5-19-2004 pursuant to Government Code
						section
						11343.4(c)
						(Register 2004, No. 21).
4. Repealer and new subsections (a) and
						(b), amendment of subsection (c) and repealer of subsection (d) filed
						8-16-2005; operative 8-16-2005 pursuant to Government Code section
						11343.4
						(Register 2005, No. 33).
5. Amendment of subsection (b)(1), new
						subsection (b)(2), subsection renumbering and amendment of newly designated
						subsection (b)(3) and subsection (c) filed 12-20-2007; operative 12-20-2007
						pursuant to Government Code section
						11343.4
						(Register 2007, No. 51).
6. Change without regulatory effect
						amending section filed 1-4-2010 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2010, No. 2).
7. Change without regulatory
						effect repealing article 5 (section
						1225) and section filed 2-19-2019
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 8).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Section
						  60851,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 2 - Pupils › Subchapter 7 - Graduation of Pupils from Grade 12 and Credit Toward Graduation › Article 1 - Measurement of Credit Toward Graduation from Grade 12 › Section 1600 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this chapter:
(a) "Semester period" and the "time
					 equivalent to a semester period" mean:
(1) One
					 period of 40 to 60 minutes of instructional time per week throughout one
					 semester of no less than 17 weeks.
(2) A minimum of 12 clock hours of
					 instructional time provided during the academic year or in a summer
					 school.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 2 - Pupils › Subchapter 7 - Graduation of Pupils from Grade 12 and Credit Toward Graduation › Article 2 - Credit Toward High School Graduation › Section 1630 - Credit for College Courses. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						Article 2 (§§
												1630 through
						1635) filed 7-22-69; effective
						thirtieth day thereafter (Register 69, No. 30).
2. Amendment of
						section and NOTE filed 9-23-77; effective thirtieth day thereafter (Register
						77, No. 39).
3. Change without regulatory effect repealing section
						filed 9-1-2005 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2005, No. 35).
Note: Authority cited: Sections
						  51740 and
						  51760,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 2 - Pupils › Subchapter 7 - Graduation of Pupils from Grade 12 and Credit Toward Graduation › Article 2 - Credit Toward High School Graduation › Section 1631 - Credit for Private Instruction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The governing board may grant to a pupil regularly
						enrolled and in attendance in a high school, credit toward graduation from
						Grade 12 for private instruction in fields and subject included in the courses
						of study and curricula of the school. The pupil shall demonstrate, by
						examinations given under the direction and supervision of the school, his
						capabilities at the beginning and at the end of his period of private
						instruction and evidence that he has made progress in learning satisfactory to
						the school.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 2 - Pupils › Subchapter 7 - Graduation of Pupils from Grade 12 and Credit Toward Graduation › Article 2 - Credit Toward High School Graduation › Section 1632 - Credit for Private School Foreign Language Instruction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If all of the following conditions and standards are met,
						credit for foreign language studies successfully completed in a private school
						shall be granted and apply toward meeting any foreign language requirement
						prescribed for grades 9-12.
(a) The
					 pupil seeking credit is regularly enrolled and in attendance in grade 9-12 of
					 the district or is applying for admission thereto.
(b) The pupil, or his parent or guardian, on
					 behalf of the pupil, makes written application for the credit, specifying the
					 private school attended and the amount and level of credit requested; and
					 submits a transcript or other documents from the private school evidencing the
					 pupil's successful completion of the course. The amount of credit sought shall
					 not be less than one semester's work or the equivalent.
(c) The pupil demonstrates to the
					 satisfaction of the principal of the public school in which he is enrolled that
					 his achievement in the foreign language is equivalent to that expected of a
					 pupil of comparable ability taking the same or similar instruction at the
					 specified level in the schools of the district. The principal's determination
					 shall be based upon the private school's report of the results of a test given
					 the pupil by the private school; the test shall have been developed by the
					 private school in cooperation with the district of the pupil's attendance. If
					 the institution was a school located outside the district, the determination
					 may be based upon a test given the student by a public school or such other
					 evidence as the principal deems appropriate.
Note: Specific authority cited: Section
						  8705,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 2 - Pupils › Subchapter 7 - Graduation of Pupils from Grade 12 and Credit Toward Graduation › Article 2 - Credit Toward High School Graduation › Section 1633 - Credit for Correspondence Instruction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Credit toward graduation may be granted for
						correspondence instruction that meets the requirements of subdivision (a) and
						(b), is in a subject included in the pupil's course of study, and is given by
						an institution described in Education Code section
						51740.
Payment of the cost of correspondence instruction may be
						made by the district, only if the requirements of Education Code section
						51740 or
						51741, as
						applicable, are met and all of the following conditions are fulfilled:
(a) The governing board determined the number
					 of semester periods to be credited for successful completion of a particular
					 correspondence course.
(b) No more
					 than 40 semester periods of instruction by correspondence is credited to a
					 pupil toward his graduation from grade 12.
(c) The district applied, on a form furnished
					 by the California Department of Education and in accordance with the directions
					 thereon, for authorization to provide the correspondence instruction; and the
					 Superintendent of Public Instruction authorized it.
1.
						Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth
						day thereafter (Register 77, No. 39).
2. Change without regulatory
						effect amending first two paragraphs and subsection (c) filed 12-23-2010
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 2010, No. 52).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 2 - Pupils › Subchapter 7 - Graduation of Pupils from Grade 12 and Credit Toward Graduation › Article 2 - Credit Toward High School Graduation › Section 1635 - Credit for Work Experience Education

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The governing board shall grant to a pupil for the
						satisfactory completion of work experience education established under
						Education Code Section
						51760
						credit in an amount not to exceed a total of 40 semester periods made up of one
						or a combination of two or more of the following types:
(a) For Exploratory Work Experience
					 Education: Ten (10) semester periods for each semester, with a maximum of
					 twenty (20) semester periods earned in two semesters.
(b) For General Work Experience Education:
					 Ten (10) semester periods for each semester with a maximum of forty (40)
					 semester periods.
(c) For
					 Vocational Work Experience Education: Ten (10) semester periods for each
					 semester with a maximum of forty (40) semester periods.
1.
						Amendment of section and repealer of NOTE filed 9-23-77; effective thirtieth
						day thereafter (Register 77, No. 39).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 2 - Pupils › Subchapter 7 - Graduation of Pupils from Grade 12 and Credit Toward Graduation › Article 3 - Diploma of Graduation › Section 1650 - Time of Granting Diploma

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as provided in Section
						1651, the governing board shall
						award the diploma of graduation from grade 12 at the end of the semester or
						summer school session during which the student completed the course of study
						prescribed by the governing board.
1. New
						Article 3 (Sections
						1650 and
						1651) filed 7-22-69; effective
						thirtieth day thereafter (Register 69, No.
						30).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 2 - Pupils › Subchapter 7 - Graduation of Pupils from Grade 12 and Credit Toward Graduation › Article 3 - Diploma of Graduation › Section 1651 - Time of Granting Diploma upon Evaluation (Veterans)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the governing board evaluates preparation of a person
						described in Education Code Section
						51440 as
						provided in Section
						1634, and finds that he meets the
						graduation requirements or their equivalent specified in that section, it may
						award him a diploma of graduation immediately.
1.
						Amendment filed 9-23-77; effective thirtieth day thereafter (Register 77, No.
						39).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 2 - Pupils › Subchapter 8 - Pupil Instruction › Article 1 - Educational Content › Section 1700 - District Recordkeepinq for AB 1012 Requirements Regarding Courses Without Educational Content and Previously Completed Courses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Commencing with the 2016-17 school year,
					 school districts shall ensure that a school enrolling pupils in any of grades 9
					 to 12, inclusive, that assigns one or more pupils for more than one week in any
					 semester in a "course period without educational content" as defined in
					 Education Code section
					 51228.1
					 shall maintain the following:
(1) Records
					 sufficient to demonstrate that the pupil or, if the pupil has not reached the
					 age of majority, the pupil's parent, guardian, or educational rights holder,
					 has consented in writing to the course assignment for that semester;
(2) Records sufficient to demonstrate that a
					 school official has determined that the pupil will benefit from being assigned
					 to the course period; and
(3) A
					 written document maintained at the school in which the principal or assistant
					 principal of the school states that, for the relevant school year, the school
					 has met the conditions in subdivisions (a)(1) and (2) above, and that no pupils
					 are being assigned to a "course period without educational content" because
					 there are not sufficient curricular course offerings for the pupil to take
					 during the relevant period of the designated school day.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 1 - General Provisions › Section 3000 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This chapter
					 applies to those special education programs which are administered under a
					 local plan as defined in section
					 56027 and Part 30 of the Education
					 Code. Provisions of this chapter shall be construed as supplemental to, and in
					 the context of, Federal and State laws and regulations relating to individuals
					 with exceptional needs in effect. The intent of this chapter is to assure
					 conformity with the Individuals with Disabilities Education Act (IDEA)
					 (20 U.S.C.
					 1400, et seq.) and implementing regulations
					 including Title 34, Code of Federal Regulations (34 C.F.R.), Sections
					 300.1 et seq and Sections
					 76.1 et seq.
(b) A school district, special education
					 local plan area (SELPA), or county office shall use federal, state, local, and
					 private sources of support which are available to provide services as specified
					 in an individualized education program (IEP) as defined in Education Code
					 section
					 56032.
(c) Nothing in this chapter relieves any
					 other agency from an otherwise valid obligation to provide or pay for services
					 for individuals with exceptional needs. Clarification and specificity of
					 responsibilities shall be included in, but not limited to, interagency
					 agreements.
1.
						Repealer of Division 3, Chapters 1-5 (sections
						3100-3797, not consecutive) and new
						Division 3, Chapter 1, Articles 1-7, (sections
						300-3080, not consecutive) filed
						2-3-82; effective thirtieth day thereafter (Register 82, No. 6). For prior
						history of former Division 3, see Registers 80, No. 23; 80, No. 12; 79, No. 38;
						and 79; and 79, No. 16.
2. Amendment of subsection (b) filed
						3-21-88; operative 4-20-88 (Register 88, No. 15).
3. Change without
						regulatory effect amending chapter 3 heading, section and 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
						  56000 and
						  56001,
						  Education Code; and 34
						  C.F.R.
						  300.1.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 1 - General Provisions › Section 3001 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to those found in Education Code sections
						56020 -
						56035,
						20 U.S.C. Sections
						1401(1) to (35), and
						34 C.F.R. Sections
						300.4 -
						300.45, the following definitions
						are provided:
(a) "Access" means that
					 the nonpublic, nonsectarian school shall provide State Board of Education
					 (SBE)-adopted, standards-aligned core curriculum and instructional materials
					 for kindergarten and grades 1 to 8 (K-8), inclusive; and provide
					 standards-aligned core curriculum and instructional materials for grades 9 to
					 12 (9-12), inclusive, used by a local educational agency (LEA) that contracts
					 with the nonpublic school.
(1) The nonpublic,
					 nonsectarian school shall provide each student with a copy of textbooks and
					 other instructional materials used to implement the SBE-adopted core curriculum
					 (K-8) and standards-aligned core curriculum (9-12) in each subject area. As
					 required through the individualized education program (IEP) for each pupil with
					 hearing impairments, vision impairments, severe orthopedic impairments, or any
					 combination thereof, SBE-adopted core curriculum (K-8) and standards-aligned
					 core curriculum (9-12) may be in Braille, large print, recordings, and American
					 Sign Language VideoBooks.
(2)
					 Photocopies of portions of textbooks or instructional materials, or photocopies
					 of entire textbooks or instructional materials to implement SBE-adopted core
					 curriculum (K-8) and standards-aligned core curriculum (9-12) is not sufficient
					 access.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 2 - Administration › Section 3010 - Other Public Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Educational programs and services administered by other
						public agencies which provide educational programs and services to individuals
						with exceptional needs shall adhere to the provisions of federal and state laws
						and regulations relating to individuals with exceptional
						needs.
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).
Note: Authority cited: Section
						  56100,
						  Education Code. Reference: Sections
						  56000,
						  56100 and
						  56500,
						  Education Code; and 34
						  C.F.R. Sections 300.2,
						  300.33 and
						  300.500.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 3 - Identification, Referral, and Assessment › Section 3021 - Referral

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All referrals
					 for special education and related services shall initiate the assessment
					 process and shall be documented. When a verbal referral is made, staff of the
					 school district, SELPA, or county office shall offer assistance to the
					 individual in making a request in writing, and shall assist the individual if
					 the individual requests such assistance.
(b) All school staff referrals shall be
					 written and include:
(1) A brief reason for
					 the referral.
(2) Documentation of
					 the resources of the regular education program that have been considered,
					 modified, and when appropriate, the results of intervention. This documentation
					 shall not delay the time-lines for completing the assessment plan or
					 assessment.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 3 - Identification, Referral, and Assessment › Section 3021.1 - Referral of Pupils Having a Diagnosed Chronic Illness

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a pupil has been medically diagnosed
					 as having a chronic illness or acute health problem, the pupil may be referred
					 to the school district or county office for an assessment to determine the need
					 for special education.
(b) The
					 following information shall be reviewed by the IEP team:
(1) The type of chronic illness;
(2) The possible medical side effects and
					 complications of treatment that could affect school functioning:
(3) The educational and social implications
					 of the disease and treatment to include but not limited to the likelihood of
					 fatigue, absences, changes in physical appearance, amputations, or problems
					 with fine and gross motor control, and
(4) Special considerations necessitated by
					 outbreaks of infectious diseases, if applicable.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 3 - Identification, Referral, and Assessment › Section 3022 - Assessment Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the assessment plan requirements of
						Education Code section
						56321, the
						proposed written assessment plan shall include a description of any recent
						assessments conducted, including any available independent assessments and any
						assessment information the parent requests to be considered, and information
						indicating the pupil's primary language and the pupil's language proficiency in
						the primary language as determined by Education Code section
						52164.1.
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).
Note: Authority cited: Section
						  56100,
						  Education Code. Reference: Sections
						  56321 and
						  56329,
						  Education Code; and 34
						  C.F.R. Sections 300.301,
						  300.302,
						  300.303,
						  300.304 and
						  300.305.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 3 - Identification, Referral, and Assessment › Section 3023 - Assessment and Reassessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to provisions of Education
					 Code sections
					 56320 and
					 56381,
					 assessments and reassessments shall be administered by qualified personnel who
					 are competent in both the oral or sign language skills and written skills of
					 the individual's primary language or mode of communication and have a knowledge
					 and understanding of the cultural and ethnic background of the pupil. If it
					 clearly is not feasible to do so, an interpreter must be used, and the
					 assessment report shall document this condition and note that the validity of
					 the assessment may have been affected.
(b) The normal process of second-language
					 acquisition, as well as manifestations of dialect and sociolinguistic variance
					 shall not be diagnosed as a disabling condition.
1.
						Amendment of subsection (a) filed 3-21-88; operative 4-20-88 (Register 88, No.
						15).
2. 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).
3. Amendment of section
						heading, subsection (a) and NOTE filed 5-5-2014; operative 7-1-2014 (Register
						2014, No. 19).
Note: Authority cited: Section
						  56100,
						  Education Code. Reference: Sections
						  56001,
						  56320,
						  56324,
						  56327 and
						  56381,
						  Education Code; and 34
						  C.F.R. Sections 300.304,
						  300.305 and
						  300.310.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 3 - Identification, Referral, and Assessment › Section 3024 - Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the requirements specified in Education
						Code section
						56325 and
						all applicable sections in this chapter, the following shall apply:
(a) Transfer of Records. Upon receipt of a
					 request from an educational agency where an individual with exceptional needs
					 has enrolled, a former educational agency shall send the pupil's special
					 education records, or a copy thereof, within five working days.
(b) Transition from Elementary School
					 District to High School District.
When a pupil is to enroll in a high school district from
						an elementary district, the elementary district shall invite the high school
						district to the IEP team meeting prior to the last scheduled review. If the
						authorized high school personnel participate with the elementary district
						personnel in the IEP team meeting, the IEP shall specify the appropriate high
						school placement.
If the authorized representative of the high school
						district has not participated in the IEP development prior to transfer from the
						elementary program, the elementary school district shall notify the high school
						district of those individuals with exceptional needs who require special
						education and related services. For each pupil listed who enrolls in the high
						school district, the administrator shall make an interim placement in
						accordance with Education Code section
						56325 or
						shall immediately convene an IEP team meeting.
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).
Note: Authority cited: Sections
						  49068 and
						  56100,
						  Education Code. Reference: Sections
						  49068 and
						  56325,
						  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 3 - Identification, Referral, and Assessment › Section 3025 - Assessment Option: Referral to State Schools for Further Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to
					 referring a pupil for further assessment to California Schools for the Deaf or
					 Blind or the Diagnostic Centers, districts, SELPAs, counties, or other agencies
					 providing education services, shall first conduct assessments at the local
					 level within the capabilities of that agency. Results of local assessments
					 shall be provided to parent(s) and shall state the reasons for referral to the
					 State School. Results of local assessments shall accompany the referral
					 request.
(b) The Schools for the
					 Deaf and Blind and the Diagnostic Centers shall conduct assessments pursuant to
					 the provisions of Education Code section
					 56320, et
					 seq.
(c) A representative of the
					 district, SELPAs, or county IEP team shall participate in the staffing meeting
					 and shall receive the final report and recommendations. Conference calls are
					 acceptable forms of participation, provided that written reports and
					 recommendations have been received by the representative prior to the
					 meeting.
1.
						Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2.
						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).
3. Amendment of subsections (a)
						and (b) filed 5-5-2014; operative 7-1-2014 (Register 2014, No.
						19).
Note: Authority cited: Section
						  56100,
						  Education Code. Reference: Section
						  56326,
						  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 3 - Identification, Referral, and Assessment › Section 3027 - Hearing and Vision Screening

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All pupils being assessed for initial and three-year
						review for special education services shall have had a hearing and vision
						screening, unless parental permission was denied.
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).
Note: Authority cited: Section
						  56100,
						  Education Code. Reference: Sections
						  56320,
						  56321 and
						  56327,
						  Education Code; and 34
						  C.F.R. Section
						  300.304.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 3 - Identification, Referral, and Assessment › Section 3028 - Audiological Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All pupils continuing to fail a threshold hearing test
						shall be assessed by a licensed or credentialed audiologist and such assessment
						shall be a part of the assessment plan.
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).
Note: Authority cited: Section
						  56100,
						  Education Code. Reference: Sections
						  56320 and
						  56327,
						  Education Code; and 34
						  C.F.R. Section
						  300.304.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 3 - Identification, Referral, and Assessment › Section 3029 - Contracting for Individually Administered Tests of Psychological Functioning Due to the Unavailability of School Psychologists

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) School districts, county offices, and
					 SELPAs shall ensure that credentialed school psychologists are available to
					 perform individually administered tests of intellectual or emotional
					 functioning pursuant to Education Code section
					 56320(b)(3).
(b) Due to the temporary unavailability of a
					 credentialed school psychologist, a school district or county office may
					 contract with qualified personnel to perform individually administered tests of
					 intellectual or emotional functioning including necessary reports pursuant to
					 Education Code section
					 56327.
(c) The district or county office shall seek
					 appropriately credentialed school psychologists for employment. These efforts,
					 which include, but are not limited to, contacting institutions of higher
					 education having approved school psychology programs and utilizing established
					 personnel recruitment practices, shall be documented and available for
					 review.
1. New
						section filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2.
						Amendment of section and NOTE filed 5-5-2014; operative 7-1-2014 (Register
						2014, No. 19).
Note: Authority cited: Section
						  56100,
						  Education Code. Reference: Sections
						  49422(e)(1),
						  56320 and
						  56327,
						  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 3.1 - Individuals with Exceptional Needs › Section 3030 - Eligibility Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 child shall qualify as an individual with exceptional needs, pursuant to
					 Education Code section
					 56026, if
					 the results of the assessment as required by Education Code section
					 56320
					 demonstrate that the degree of the child's impairment as described in
					 subdivisions (b)(1) through (b)(13) requires special education in one or more
					 of the program options authorized by Education Code section
					 56361. The
					 decision as to whether or not the assessment results demonstrate that the
					 degree of the child's impairment requires special education shall be made by
					 the IEP team, including personnel in accordance with Education Code section
					 56341(b).
					 The IEP team shall take into account all the relevant material which is
					 available on the child. No single score or product of scores shall be used as
					 the sole criterion for the decision of the IEP team as to the child's
					 eligibility for special education.
(b) The disability terms used in defining an
					 individual with exceptional needs are as follows:
(1) Autism means a developmental disability
					 significantly affecting verbal and nonverbal communication and social
					 interaction, generally evident before age three, and adversely affecting a
					 child's educational performance. Other characteristics often associated with
					 autism are engagement in repetitive activities and stereotyped movements,
					 resistance to environmental change or change in daily routines, and unusual
					 responses to sensory experiences.
(A) Autism
					 does not apply if a child's educational performance is adversely affected
					 primarily because the child has an emotional disturbance, as defined in
					 subdivision (b)(4) of this section.
(B) A child who manifests the characteristics
					 of autism after age three could be identified as having autism if the criteria
					 in subdivision (b)(1) of this section are satisfied.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 3.1 - Individuals with Exceptional Needs › Section 3031 - Additional Eligibility Criteria for Individuals with Exceptional Needs-Age Birth to Younger than Three Years

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A child, age birth to younger than three
					 years, shall qualify as an individual with exceptional needs pursuant to
					 Education Code section
					 56026(c)(1)
					 and Government Code section
					 95014 if
					 the Individualized Family Service Plan (IFSP) team determines that the child
					 meets the following criteria:
(1) Is
					 identified as an individual with exceptional needs pursuant to section
					 3030, and
(2) Is identified as requiring intensive
					 special education and services by meeting one of the following criteria:
(A) The child has a developmental delay as
					 determined by a significant difference between the expected level of
					 development for their age and their current level of functioning in one or more
					 of the following five developmental areas:
1.
					 cognitive development;
2. physical
					 and motor development, including vision and hearing;
3. communication development;
4. social or emotional development;
					 or
5. adaptive development.
A significant difference is defined as a 33 percent delay
						in one developmental area before 24 months of age, or, at 24 months of age or
						older, either a delay of 50 percent in one developmental area or a 33 percent
						delay in two or more developmental areas.
(B) The child has a disabling medical
					 condition or congenital syndrome which the IFSP team determines has a high
					 predictability of requiring intensive special education and
					 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 4 - Instructional Planning and Individualized Education Program › Section 3040 - Individualized Education Program Implementation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The LEA shall give the parent or guardian
					 a copy of the IEP in his or her primary language at his or her
					 request.
(b) The IEP shall show a
					 direct relationship between the present levels of performance, the goals and
					 objectives, and the specific educational services to be provided.
1.
						Repealer and new subsection (c) filed 3-21-88; operative 4-20-88 (Register 88,
						No. 15).
2. Amendment of section heading, section and NOTE filed
						5-5-2014; operative 7-1-2014 (Register 2014, No.
						19).
Note: Authority cited: Section
						  56100,
						  Education Code. Reference: Section
						  56341,
						  Education Code; and 34
						  C.F.R. Sections 300.342 -
						  300.345.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 4 - Instructional Planning and Individualized Education Program › Section 3042 - Placement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Specific
					 educational placement means that unique combination of facilities, personnel,
					 location or equipment necessary to provide instructional services to an
					 individual with exceptional needs, as specified in the IEP, in any one or a
					 combination of public, private, home and hospital, or residential
					 settings.
(b) The IEP team shall
					 document its rationale for placement in other than the pupil's school and
					 classroom in which the pupil would otherwise attend if the pupil were not
					 disabled. The documentation shall indicate why the pupil's disability prevents
					 his or her needs from being met in a less restrictive environment even with the
					 use of supplementary aids and services.
1. New
						section filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2.
						Change without regulatory effect amending section and adding 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
						  56342 and
						  56361,
						  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 4 - Instructional Planning and Individualized Education Program › Section 3043 - Extended School Year

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Extended school year services shall be provided, in
						accordance with 34 C.F.R.
						section 300.106, for each individual with
						exceptional needs who has unique needs and requires special education and
						related services in excess of the regular academic year. Such individuals shall
						have disabilities which are likely to continue indefinitely or for a prolonged
						period, and interruption of the pupil's educational programming may cause
						regression, when coupled with limited recoupment capacity, rendering it
						impossible or unlikely that the pupil will attain the level of self-sufficiency
						and independence that would otherwise be expected in view of his or her
						disabling condition. The lack of clear evidence of such factors may not be used
						to deny an individual an extended school year program if the IEP team
						determines the need for such a program and includes extended school year in the
						IEP pursuant to subdivision (e).
(a)
					 Extended year special education and related services shall be provided by a
					 school district, SELPA, or county office offering programs during the regular
					 academic year.
(b) Individuals with
					 exceptional needs who may require an extended school year are those who:
(1) Are placed in special classes;
					 or
(2) Are individuals with
					 exceptional needs whose IEPs specify an extended year program as determined by
					 the IEP team.
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 - Standards for Related Services and Staff Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General Provisions.
(1) Related services may be provided to
					 individuals or to small groups in a specialized area of educational need, and
					 throughout the full continuum of educational settings.
(2) Related services, when needed are
					 determined by the IEP.
(3) All
					 entities and individuals providing related services shall meet the
					 qualifications found in 34
					 C.F.R. sections 300.156(b)
					 and 3001(r) and the
					 applicable portions of section
					 3051 et seq. and shall be either:
(A) Employees of the school district or
					 county office, or
(B) Employed
					 under contract pursuant to Education Code sections
					 56365-
					 56366,
					 or
(C) Employees, vendors or
					 contractors of the State Departments of Health Care Services or State
					 Hospitals, or any designated local public health or mental health
					 agency.
(4) To be
					 eligible for certification to provide related services to individuals with
					 exceptional needs, nonpublic schools and nonpublic agencies shall meet the
					 requirements of this section.
(5)
					 An individual providing related services out of state, pursuant to sections
					 56365 and
					 56366 of
					 the Education Code, as required in a pupil's IEP, must:
(A) Hold a current valid credential or
					 license to render that related service as required by that state, and
(B) Be employed by a nonpublic, nonsectarian
					 school or agency certified by the CDE.
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 3051.1 - Language, Speech and Hearing Development and Remediation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Language, Speech and Hearing Development
					 and Remediation services include:
(1)
					 Referral and assessment of individuals suspected of having a disorder of
					 language, speech, or hearing. Such individuals are not considered as part of
					 the caseload pursuant to Education Code section
					 56363.3
					 unless an IEP is developed and services are provided pursuant to sections
					 3051.1(a)(2) and
					 (3).
(2) Specialized instruction and services for
					 individuals with disorders of language, speech, and hearing, including
					 monitoring of pupil progress on a regular basis, providing information for the
					 review, and when necessary participating in the review and revision of IEPs of
					 pupils.
(3) Consultative services
					 to pupils, parents, teachers, or other school personnel.
(4) Coordination of speech and language
					 services with an individual's regular and special 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 3051.2 - Audiological Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 In addition to provisions of 34 C.F.R. Section 300.34,
					 audiological instruction and services may include:
(1) Aural rehabilitation (auditory training,
					 speech reading, language habilitation, and speech conservation) and
					 habilitation with individual pupils or groups and support for the
					 hearing-impaired pupils in the regular classroom.
(2) Monitoring hearing levels, auditory
					 behavior, and amplification for all pupils requiring personal or group
					 amplification in the instructional setting.
(3) Planning, organizing, and implementing an
					 audiology program for individuals with auditory dysfunctions, as specified in
					 the IEP.
(4) Consultative services
					 regarding test findings, amplification needs and equipment, otological
					 referrals, home training programs, acoustic treatment of rooms, and
					 coordination of educational services to hearing-impaired
					 individuals.
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 3051.3 - Orientation and Mobility Instruction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Orientation and mobility instruction may
					 include:
(1) Specialized instruction for
					 individuals in orientation and mobility techniques.
(2) Consultative services to other educators
					 and parents regarding instructional planning and implementation of the IEP
					 relative to the development of orientation and mobility skills and independent
					 living skills.
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 3051.4 - Instruction in the Home or Hospital

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Special education and related services
					 provided in the home or hospital for school age pupils is limited to those
					 pupils who have been identified as individuals with exceptional needs in
					 accordance with section
					 3030 and for whom the IEP team
					 recommends such instructions or services.
(b) Instructions may be delivered
					 individually, in small groups or by teleclass.
(c) For those individuals with exceptional
					 needs with a medical condition such as those related to surgery, accidents,
					 short-term illness or medical treatment for a chronic illness, the IEP team
					 shall review, and revise, if appropriate, the IEP whenever there is a
					 significant change in the pupil's current medical condition.
(d) When recommending placement for home
					 instruction, the IEP team shall have in the assessment information a medical
					 report from the attending physician and surgeon or the report of the
					 psychologist, as appropriate, stating the diagnosed condition and certifying
					 that the severity of the condition prevents the pupil from attending a less
					 restrictive placement. The report shall include a projected calendar date for
					 the pupil's return to school. The IEP team shall meet to reconsider the IEP
					 prior to the projected calendar date for the pupil's return to
					 school.
(e) Instruction in the home
					 or hospital shall be provided by a regular class teacher, the special class
					 teacher or the resource specialist teacher, if the teacher or specialist is
					 competent to provide such instruction and services and if the provision of such
					 instruction and services by the teacher or specialist is feasible. If not, the
					 appropriate related services specialist shall provide such
					 instruction.
(f) The teacher
					 providing the home instruction shall contact the pupil's previous school and
					 teacher to determine:
(1) The course work to
					 be covered;
(2) The books and
					 materials to be used:
(3) Who is
					 responsible for issuing grades and promoting the pupil when
					 appropriate;
(4) For pupils in
					 grades 7 to 12, the teacher shall confer with the school guidance counselor to
					 determine:
(A) For the hours the pupil has
					 earned toward semester course credit in each subject included in the IEP and
					 the grade as of the last day of attendance;
(B) Who is responsible for issuing credits
					 when the course work is completed:
(C) Who will issue the diploma if the pupil
					 is to graduate.