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Education Code - EDC - EDC § 56033
Education Code - EDC - EDC § 56033
“Superintendent” means the Superintendent of Public Instruction.
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Education Code - EDC - EDC § 56033.5
Education Code - EDC - EDC § 56033.5
“Supplementary aids and services,” as provided in Section 1401(33) of Title 20 of the United States Code and in Section 300.42 of Title 34 of the Code of Federal Regulations, means aids, services, and other supports that are provided in regular education classes or other educatio
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Education Code - EDC - EDC § 56034
Education Code - EDC - EDC § 56034
“Nonpublic, nonsectarian school” means a private, nonsectarian school that enrolls individuals with exceptional needs pursuant to an individualized education program and is certified by the department. It does not include an organization or agency that operates as a public agency
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Education Code - EDC - EDC § 56035
Education Code - EDC - EDC § 56035
“Nonpublic, nonsectarian agency” means a private, nonsectarian establishment or individual that provides related services necessary for an individual with exceptional needs to benefit educationally from the pupils’ educational program pursuant to an individualized education progr
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Education Code - EDC - EDC § 56040
Education Code - EDC - EDC § 56040
(a) Every individual with exceptional needs who is eligible to receive special education instruction and related services under this part, shall receive that instruction and those services at no cost to his or her parents or, as appropriate, to him or her. A free appropriate publ
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Education Code - EDC - EDC § 56040.1
Education Code - EDC - EDC § 56040.1
In accordance with Section 1412(a)(5) of Title 20 of the United States Code and Section 300.114 of Title 34 of the Code of Federal Regulations, each public agency shall ensure the following to address the least restrictive environment for individuals with exceptional needs: (a) T
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Education Code - EDC - EDC § 56040.3
Education Code - EDC - EDC § 56040.3
(a) Pursuant to Section 300.105 of Title 34 of the Code of Federal Regulations, a local educational agency shall provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings if the child’s individualized educati
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Education Code - EDC - EDC § 56040.5
Education Code - EDC - EDC § 56040.5
(a) State and local educational agency personnel are prohibited, pursuant to paragraph (25) of subsection (a) of Section 1412 of Title 20 of the United States Code, from requiring an individual with exceptional needs to obtain a prescription for a medication that is a substance c
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Education Code - EDC - EDC § 56040.6
Education Code - EDC - EDC § 56040.6
(a) Consistent with state and federal law, implementing inclusion and universal design for learning initiatives for pupils 0 to 22 years of age, inclusive, a local educational agency shall consider all of the following with respect to the full language access needs of pupils who
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Education Code - EDC - EDC § 56041
Education Code - EDC - EDC § 56041
Except for those pupils meeting residency requirements for school attendance specified in subdivision (a) of Section 48204, and notwithstanding any other provision of law, if it is determined by the individualized education program team that special education services are require
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Education Code - EDC - EDC § 56041.5
Education Code - EDC - EDC § 56041.5
When an individual with exceptional needs reaches the age of 18, with the exception of an individual who has been determined to be incompetent under state law, the local educational agency shall provide any notice of procedural safeguards required by this part to both the individ
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Education Code - EDC - EDC § 56042
Education Code - EDC - EDC § 56042
Notwithstanding any other provision of law, an attorney or advocate for a parent of an individual with exceptional needs shall not recommend placement in a nonpublic, nonsectarian school or agency with which the attorney or advocate is employed or contracted, or otherwise has a c
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Education Code - EDC - EDC § 56043
Education Code - EDC - EDC § 56043
The primary timelines affecting special education programs are as follows: (a) A proposed assessment plan shall be developed within 15 calendar days of referral for assessment, not counting calendar days between the pupil’s regular school sessions or terms or calendar days of sch
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Education Code - EDC - EDC § 56045
Education Code - EDC - EDC § 56045
(a) The Superintendent shall send a notice to the governing board of each local educational agency within 30 days of when the Superintendent determines any of the following: (1) The local educational agency is substantially out of compliance with one or more significant provision
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Education Code - EDC - EDC § 56046
Education Code - EDC - EDC § 56046
(a) An employee of a local educational agency shall not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce, any person, including
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Education Code - EDC - EDC § 56048
Education Code - EDC - EDC § 56048
The superintendent shall review the information and calculations submitted by special education local plan areas in support of all apportionment computations described in this part. The review shall be conducted on the data submitted during the initial year of apportionment and f
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Education Code - EDC - EDC § 56049
Education Code - EDC - EDC § 56049
The Legislature finds and declares all of the following: (a) All pupils are general education pupils first, including pupils with disabilities. (b) Comprehensive local educational agency and school-level fiscal and programmatic planning, including planning conducted pursuant to S
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Education Code - EDC - EDC § 56049.1
Education Code - EDC - EDC § 56049.1
(a) On or before November 30, 2023, the department shall publish data related to federal measures of least restrictive environment for pupils with disabilities on its internet website and shall include it as a resource on the California School Dashboard, established pursuant to s
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Education Code - EDC - EDC § 56050
Education Code - EDC - EDC § 56050
(a) For the purposes of this article, “surrogate parent” shall be defined as it is defined in Section 300.519 of Title 34 of the Code of Federal Regulations. (b) A surrogate parent may represent an individual with exceptional needs in matters relating to identification, assessmen
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Education Code - EDC - EDC § 56055
Education Code - EDC - EDC § 56055
(a) (1) Except as provided in subdivisions (b), (c), and (d), a foster parent may exercise, to the extent permitted by federal law, including, but not limited to, Section 300.30 of Title 34 of the Code of Federal Regulations, the rights related to his or her foster child’s educat
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Education Code - EDC - EDC § 56058
Education Code - EDC - EDC § 56058
Special education teachers providing instruction and educational services under this part shall meet the same “highly qualified” requirements, as defined in Section 1401(10) of Title 20 of the United States Code, and in Section 300.18 of Title 34 of the Code of Federal Regulation
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Education Code - EDC - EDC § 56059
Education Code - EDC - EDC § 56059
(a) This part does not create a right of action on behalf of an individual with exceptional needs or class of pupils for failure of a state or local educational agency employee to be highly qualified. (b) In accordance with Section 300.156(e) of Title 34 of the Code of Federal Re
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Education Code - EDC - EDC § 56060
Education Code - EDC - EDC § 56060
A noncredentialed person shall not substitute for any special education certificated position.
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Education Code - EDC - EDC § 56061
Education Code - EDC - EDC § 56061
A person holding a valid credential authorizing substitute teaching may serve as a substitute for the appropriately credentialed special education teacher as follows: (a) Except as provided in subdivisions (b) and (c), the employer shall not employ an inappropriately credentialed
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Education Code - EDC - EDC § 56062
Education Code - EDC - EDC § 56062
The employer shall use the following priorities in placing substitute teachers in special education classrooms: (a) A substitute teacher with the appropriate special education credential or credentials. (b) A substitute teacher with any other special education credential or crede