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State Administration, 2020

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.

This is a 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.

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 are welcomed and considered. Written comments will be accepted from March 30, until April 30, 2020.

Written comments may be sent to Chris Essman, Education Programs Consultant, Special Education Division, by email at PartBapp@cde.ca.gov or by mail to:

California Department of Education
Special Education Division
Attention: Chris Essman
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 14509 The funding appropriated in Item 6100-161-0001 of the annual Budget Act for mental health services shall be subject to existing state and federal audit requirements. Audit procedures shall be included in the audit guide to review whether funding for educationally related mental health services pursuant to this item was used by local educational agencies for its intended purposes in the 2016–17 fiscal year. These audit procedures shall be included in future fiscal years if the addition of these procedures is recommended by the Controller pursuant to subdivision (a) of Section 14502.1. If any mental health audit findings are generated through this process, the Superintendent shall ensure that the local educational agency has either corrected or developed a plan of correction for state and federal mental health funds pursuant to subdivision (m) of Section 41020.
2 Section 33591 Appointed members from the California Legislature serve on the Advisory Commission on Special Education.
3 Sections 49005–49006.4 Provides definitions, prohibitions, and data reporting requirements pertaining to the use of seclusion and restraint for students receiving general education and students receiving special education.
4 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.
5 Section 56029 Written request for assessment to document the time the request was received.
6 Section 56043(a) A proposed assessment plan shall be developed within 15 days of referral for assessment.
7 Section 56040.3 Local educational agencies (LEAs), including charter schools, are responsible for providing a student with disabilities who requires the use of an assistive technology device with continued access to that device, or to a comparable device, when the student, because of enrollment in another LEA, ceases to be enrolled in that LEA.
8 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.
9 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.
10 Section 56043(n) and Section 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.
11 Section 56043(o) LEA must send records within 5 days to new LEA.
12 Section 56045(c) Requires the governing board to address issue of noncompliance at a public meeting to provide notice to the community.
13 Section 56046(a) Prohibition against intimidation, threats, or coercion against public employees for assisting parents in understanding legal entitlements.
14 Section 56050(c) Surrogate parents held harmless when acting in his or her official capacity.
15 Sections 56190-56192 and 56194 Establishes the provisions for creating SELPA community advisory committees.
16 Sections 56195 Governance structure established for SELPAs that require the administration of local plans and the allocation of funds.
17 Section 56305 The department shall develop a manual providing guidance to local educational agencies on identifying, assessing, supporting, and reclassifying English learners who may qualify for special education services and pupils with disabilities who may be classified as English learners.
18 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.
19 Section 56321.5 Notice of parent's rights includes the right to electronically record the IEP meeting.
20 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.
21 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.
22 Section 56326.5 Requires the identification and use of language developmental milestones and assessments for children who are deaf and hard of hearing. Mandates related annual data reports.
23 Section 56334 The state board shall include “phonological processing” in the description of basic psychological processes in Section 3030 of Title 5 of the California Code of Regulations.
24 Section 56335 Requires the development of program guidelines for educating students with dyslexia.
25 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.
26 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.
27 Section 56341.5(d) Allows the individual with a disability to provide confidential input to any representative of the IEP Team.
28 Section 56343.5 Parent request to review IEP shall be held within 30 days of parent request.
29 Section 56345(b)(4) IEP must address provision for the transition into the regular class program for any part of the school day.
30 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.
31 Section 56350 Defines braille as the system of reading and writing through touch commonly known as Unified English Braille.
32 Section 56353 Defines “expanded core curriculum” for students who are blind, have low vision, or are visually impaired and states that services may be provided before or after school hours.
33 Section 56354 Clarifies how LEAs will coordinate with orientation and mobility (O and M) specialists to ensure students who are blind or visually impaired receive the necessary O and M related services.
34 Section 56362(c) Establishes enrollment caseloads for resource specialists.
35 Section 56362(d)-(f) Resource specialists (RS) shall not simultaneously be assigned to serve as RS and teach regular classes.
36 Section 56363.3 Establishes enrollment caseloads for language, speech, and hearing specialists.
37 Section 56366.1

Requires a nonpublic, nonsectarian school or agency, upon demand, to make available to the Superintendent evidence of a successful criminal background check clearance and enrollment in subsequent arrest notice service for each owner, operator, and employee of the nonpublic, nonsectarian school or agency.

Specifies behavioral training requirements for staff who have contact or interaction with students who attend nonpublic, nonsectarian schools or agencies and requires documentation of these trainings. Specifies the types of credentials or licenses that the administrators of nonpublic, nonsectarian schools must hold. In addition, specifies the monitoring responsibilities that local educational agencies must meet when they enter into a master contract with a nonpublic, nonsectarian school. Requires nonpublic, nonsectarian schools or agencies to notify the California Department of Education and the master contractor when law enforcement is contacted about a pupil-involved incident.

38 Section 56366.4 Permits the California Department of Education to immediately suspend or revoke the certification of a nonpublic, nonsectarian school or agency when a department investigation results in a finding that student health or safety has been or is in danger of being compromised.
39 Section 56366.10 Requires nonpublic, nonsectarian schools who serve students with significant behavioral needs or who are on behavioral intervention plans to have a person onsite during school hours who is qualified and responsible for designing, planning, and implementing behavioral interventions.

Requires annual training to staff who have contact or interaction with students during the school day and training within 30 days of employment of new staff who have contact or interaction with students during the school day.

40 Section 56366.12 Nonpublic school (NPS) shall ensure private and confidential communication between the pupil and the IEP team at the pupil's discretion.
41 Section 56415 The department shall include a link on the sample procedural safeguards maintained on its Internet Web site to the page on its Internet Web site that lists family empowerment centers. The department shall include this link on all sample procedural safeguard forms for which it maintains translations.
42 Section 56441.11(b)(1) (N) Medical disability is eligibility category for preschool age children three to five years old.
43 Section 56441.11(d) Defines "established medical disability" for preschool children between the ages of 3 and 5 years.
44 Section 56461 Requires the Superintendent of Public Instruction to establish the capacity to provide transition services.
45 Section 56500.1(b) Requires that parents be informed of their procedural safeguards at each IEP team meeting.
46 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.
47 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.
48 Section 56505(f)(3) Requires a hearing officer to apply a certain rule of court in making a determination of what constitutes good cause and authorizes a second or subsequent extension to be granted for good cause or any other purpose at the discretion of the hearing officer.
49 Section 56505(i) Requires the hearing officer to consider the costs, in addition to other factors, in decisions related to placement.
50 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.
51 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.
52 Section 56507(d) The hearing decision shall indicate the extent to which each party has prevailed on each issue.
53 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.
54 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.
55 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.
56 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.
57 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.
58 CCR Title 5, Section 3030(b)(10) Includes phonological processing in the definition of basic psychological processes.
59 CCR Title 5, Section 3040(a) Upon parent request, provide a copy of the IEP in the primary language.
60 CCR Title 5, Section 3043(d) Under certain conditions, an extended year program shall be provided for a minimum of 20 instructional days.

 

Questions:   Chris Essman | PartBapp@cde.ca.gov | 916-327-3507
Last Reviewed: Friday, March 13, 2020
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