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State Administration, 2013

List of state statutes, regulations, or policies that are state-imposed and are not required by the Individuals with Disabilities Education Act (IDEA) of 2004.

The California Department of Education (CDE) thoroughly compared and analyzed California law and regulations and the IDEA, as amended in 2004. This was undertaken pursuant to 20 United States Code (U.S.C.) 1407(a)(2) of the IDEA, which requires states to identify state statutes, regulations, or policies that are state-imposed and not required by the IDEA.

During 2011, the CDE further reviewed California state statutes, regulations, or policies that are state-imposed and are not required by the IDEA of 2004. Further review included advice and input from a diverse group of stakeholders comprised of parent, regional, and county organizations in concert with the CDE and the state Advisory Commission on Special Education. After considering stakeholder advice and feedback, CDE identified those sections of state law and regulation which impose requirements on educational agencies that are not required by IDEA. As a result of CDE’s further review process additional statutes and regulations have been included that are not required by IDEA or federal regulations.

There are no statutes, regulations, or policies added to this list since the last submission to OSEP. There was one edit to item #25, Section 56346(f), the phrase "With some exceptions" was added to the description field.

It should be noted that states may have laws and regulations containing unique rules and policies to implement IDEA based on the authority given to states by the statute. The Ninth Circuit continues to hold that, "State procedures which more stringently protect the rights of the handicapped and their parents are consistent with the IDEA and are thus enforceable," (Union School District v. Smith, 15 F3d, 1519 [1994]). Accordingly, in requiring states to generate a list as part of their funding application, the IDEA does not require, nor does it indicate, that a state's laws or regulations included in the list be changed or modified.

Pursuant to the notice and comment periods required by the General Education Provisions Act 20 U.S.C. 1232d(b)(7)(B), comments on the listing were welcomed. Written comments were accepted between March 1 and March 31, 2013.

Written comments were accepted by Janet Digmon, Special Education Programs Consultant, Special Education Division, by e-mail at jdigmon@cde.ca.gov or by mail to:

California Department of Education
Special Education Division
Attention: Janet Digmon
1430 N Street, Suite 2401
Sacramento, CA 95814

Number Education Code
Section or Regulation
State-imposed "Not Required" by IDEA Statute
or Federal Regulations (20 U.S.C. 1408(a)(2))
1
Section 33591 Appointed members from the California Legislature serve on the Advisory Commission on Special Education
2
Section 56026(c)(4)(A) and (C) Allows students with disabilities to continue in special education after reaching age 22 when their birthday falls during the current school term
3
Section 56029 Written request for assessment to document the time the request was received
4*
Section 56043(a) A proposed assessment plan shall be developed within 15 days of referral for assessment.
5*
Section 56043(l) Parent request for a meeting of the individualized education program (IEP) team to review an IEP shall be held within 30 days of parent request
6*
Section 56043(m)(1) If child transfers to a local educational agency (LEA) from an outside special education local planning area (SELPA), the new LEA shall provide free appropriate public education (FAPE) (including comparable services) for a period not to exceed 30 days and adopt the child's existing IEP or develop and adopt a new IEP consistent with federal/state law
7*
Sections 56043(n) and 49065 Parent shall have the right and opportunity to examine all school records and "receive" complete copies within 5 days of request, either orally or in writing
8*
Section 56043(o) LEA must send records within 5 days to new LEA
9
Section 56045(c) Requires the governing board to address issue of noncompliance at a public meeting to provide notice to the community
10
Section 56046(a) Prohibition against intimidation, threats, or coercion against public employees for assisting parents in understanding legal entitlements
11
Section 56050(c) Surrogate parents held harmless when acting in his or her official capacity
12
Sections 56190-56192 and 56194 Establishes the provisions for creating SELPA community advisory committees
13
Sections 56195 Governance structure established for SELPAs that require the administration of local plans and the allocation of funds
14*
Section 56321(a) If an assessment for the development or revision of an IEP is to be conducted, the parent shall be given, in writing, a proposed assessment plan within 15 days of referral and a copy of a parent’s rights shall be attached to the assessment plan
15
Section 56321(c) Requires a parental response to the assessment plan within 15 days
16*
Section 56321(c)(4) Parents shall have at least 15 days to decide whether to consent to a written assessment plan
17*
Section 56321.5 Notice of parent's rights includes the right to electronically record the IEP meeting
18
Section 56325(a)(1) If child transfers to an LEA from an outside SELPA, the new LEA shall provide FAPE (including comparable services) for a period not to exceed 30 days and adopt the child's existing IEP or develop and adopt a new IEP consistent with federal/state law
19
Section 56325(c) Clarifies SELPA responsibility for providing special education and related services to eligible pupils who are placed on an interim basis in an NPS or residential placement
20
Section 56341(g)(1) Requires that the parent and LEA confer with an IEP Team member before consenting to the member's excusal from the IEP meeting
21
Section 56341.1(g)(1) Parent shall have the right to audio record IEP meetings. If an LEA initiates notice to audio record and the parent objects, the IEP meeting shall not be audio recorded
22
Section 56341.5(d) Allows the individual with a disability to provide confidential input to any representative of the IEP Team
23*
Section 56343.5 Parent request to review IEP shall be held within 30 days of parent request
24*
Section 56345(b)(4) IEP must address provision for the transition into the regular class program for any part of the school day
25
Section 56346(f) With some exceptions, requires the LEA to request a due process hearing if the parent does not consent to services necessary for FAPE
26
Section 56362(c) Establishes enrollment caseloads for resource specialists
27
Section 56362(d)-(f) Resource specialists (RS) shall not simultaneously be assigned to serve as RS and teach regular classes.
28
Section 56363.3 Establishes enrollment caseloads for language, speech, and hearing specialists
29*
Section 56366.12 Nonpublic school (NPS) shall ensure private and confidential communication between the pupil and the IEP team at the pupil's discretion
30*
Section 56441.11(b)(1) (N) Medical disability is eligibility category for preschool age children three to five years old
31
Section 56441.11(d) Defines "established medical disability" for preschool children between the ages of 3 and 5 years
32
Section 56461 Requires the Superintendent of Public Instruction to establish the capacity to provide transition services
33
Section 56500.1(b) Requires that parents be informed of their procedural safeguards at each IEP team meeting
34*
Section 56504 The parent shall have the right and opportunity to examine school records and to receive copies within five days after the request is made, either orally or in writing
35
Section 56505(e)(6) Requires that the party notify the other party of the due process issues as least 10 days prior to the hearing to focus on unresolved issues. Requires that the LEA provide an unrepresented parent, upon request, with a mediator to assist them in identifying issues and proposed resolution prior to the hearing date
36
Section 56505(i) Requires the hearing officer to consider the costs, in addition to other factors, in decisions related to placement
37
Section 56507(a) Requires a 10 day prior notice to the other party of the intention to have an attorney representing them in the state due process hearing
38
Section 56507(b)(1) Reasonable attorney's fees to parents may only be made either with agreement of the parties or by a court of jurisdiction
39
Section 56507(d) The hearing decision shall indicate the extent to which each party has prevailed on each issue
40
Section 56602 Requires the Superintendent of Public Instruction to submit a biennial performance report on special education to California State Legislature, State Board of Education, and Governor
41
Section 56605 Requires the Superintendent of Public Instruction to periodically sponsor workshops on special education programs for LEA personnel who evaluate local special education programs
42
Government Code Section 7579.5(l) Surrogate parents and LEAs appointing them are held harmless when acting within the scope of their duties unless such acts or omissions are found to be wanton, reckless, or malicious
43
Government Code Section 7579.5(n) A parent or guardian may designate another adult individual to represent the interests of the child for educational and related services
44
California Code of Regulations (CCR), Title 5, Section 3001(g) Behavioral intervention plan required in certain situations
45*
CCR Title 5, Section 3024(a) Upon educational agency request, a former educational agency shall send educational records within five working days to the requesting educational agency
46*
CCR Title 5, Section 3040(b) Provide a copy of the IEP to the parent, and upon parent request, provide a copy of the IEP in the primary language
47
CCR Title 5, Section 3043(d) Under certain conditions, an extended year program shall be provided for a minimum of 20 instructional days
48*
CCR Title 5, Section 3052 Behavioral intervention plan required in certain situations

* Indicates statute or regulation new to the 2012 application. No additions have been made since that time.

Questions: Janet Digmon | jdigmon@cde.ca.gov | 916-327-4217 
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