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Article 2. Definitions of California Education Code >> Division 4. >> Title 2. >> Part 30. >> Chapter 1. >> Article 2.
As used in this part, the definitions prescribed by this
article apply unless the context otherwise requires.
"Assistive technology device," as provided in paragraph
(1) of Section 1401 of Title 20 of the United States Code, means any
item, piece of equipment, or product system, whether acquired
commercially without the need for modification, modified, or
customized, that is used to increase, maintain, or improve functional
capabilities of an individual with exceptional needs. The term does
not include a medical device that is surgically implanted, or the
replacement of that device.
"Board" means the State Board of Education.
"Consent," as provided in Section 300.9 of Title 34 of the
Code of Federal Regulations, means all of the following:
(a) The parent or guardian has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication.
(b) The parent or guardian understands and agrees in writing to the carrying out of the activity for which his or her consent is sought; and the consent describes that activity and lists the records, if any, that will be released and to whom.
(c) The parent or guardian understands that the granting of consent is voluntary on the part of the parent or guardian and may be revoked at any time. If a parent or guardian revokes consent, that revocation is not retroactive to negate an action that has occurred after the consent was given and before the consent was revoked. A public agency is not required to amend the education records of a child to remove any reference to the child's receipt of special education and services if the child's parent or guardian submits a written revocation of consent after the initial provision of special education and related services to the child.
(a) The parent or guardian has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication.
(b) The parent or guardian understands and agrees in writing to the carrying out of the activity for which his or her consent is sought; and the consent describes that activity and lists the records, if any, that will be released and to whom.
(c) The parent or guardian understands that the granting of consent is voluntary on the part of the parent or guardian and may be revoked at any time. If a parent or guardian revokes consent, that revocation is not retroactive to negate an action that has occurred after the consent was given and before the consent was revoked. A public agency is not required to amend the education records of a child to remove any reference to the child's receipt of special education and services if the child's parent or guardian submits a written revocation of consent after the initial provision of special education and related services to the child.
"County office" means office of the county superintendent of
schools.
"Day" means a calendar day.
"Department" means the Department of Education.
"District" means school district.
"Individuals with exceptional needs" means those persons who
satisfy all the following:
(a) Identified by an individualized education program team as a child with a disability, as that phrase is defined in Section 1401(3) (A) of Title 20 of the United States Code.
(b) Their impairment, as described by subdivision (a), requires instruction and services which cannot be provided with modification of the regular school program in order to ensure that the individual is provided a free appropriate public education pursuant to Section 1401(9) of Title 20 of the United States Code.
(c) Come within one of the following age categories:
(1) Younger than three years of age and identified by the local educational agency as requiring intensive special education and services, as defined by the board.
(2) Between the ages of three to five years, inclusive, and identified by the local educational agency pursuant to Section 56441.11.
(3) Between the ages of five and 18 years, inclusive.
(4) Between the ages of 19 and 21 years, inclusive; enrolled in or eligible for a program under this part or other special education program prior to his or her 19th birthday; and has not yet completed his or her prescribed course of study or who has not met proficiency standards or has not graduated from high school with a regular high school diploma.
(A) Any person who becomes 22 years of age during the months of January to June, inclusive, while participating in a program under this part may continue his or her participation in the program for the remainder of the current fiscal year, including any extended school year program for individuals with exceptional needs established pursuant to Section 3043 of Title 5 of the California Code of Regulations and Section 300.106 of Title 34 of the Code of Federal Regulations.
(B) Any person otherwise eligible to participate in a program under this part shall not be allowed to begin a new fiscal year in a program if he or she becomes 22 years of age in July, August, or September of that new fiscal year. However, if a person is in a year-round school program and is completing his or her individualized education program in a term that extends into the new fiscal year, then the person may complete that term.
(C) Any person who becomes 22 years of age during the months of October, November, or December while participating in a program under this act shall be terminated from the program on December 31 of the current fiscal year, unless the person would otherwise complete his or her individualized education program at the end of the current fiscal year.
(D) No local educational agency may develop an individualized education program that extends these eligibility dates, and in no event may a pupil be required or allowed to attend school under the provisions of this part beyond these eligibility dates solely on the basis that the individual has not met his or her goals or objectives.
(d) Meet eligibility criteria set forth in regulations adopted by the board, including, but not limited to, those adopted pursuant to Article 2.5 (commencing with Section 56333) of Chapter 4.
(e) Unless disabled within the meaning of subdivisions (a) to (d), inclusive, pupils whose educational needs are due primarily to limited English proficiency; a lack of instruction in reading or mathematics; temporary physical disabilities; social maladjustment; or environmental, cultural, or economic factors are not individuals with exceptional needs.
(a) Identified by an individualized education program team as a child with a disability, as that phrase is defined in Section 1401(3) (A) of Title 20 of the United States Code.
(b) Their impairment, as described by subdivision (a), requires instruction and services which cannot be provided with modification of the regular school program in order to ensure that the individual is provided a free appropriate public education pursuant to Section 1401(9) of Title 20 of the United States Code.
(c) Come within one of the following age categories:
(1) Younger than three years of age and identified by the local educational agency as requiring intensive special education and services, as defined by the board.
(2) Between the ages of three to five years, inclusive, and identified by the local educational agency pursuant to Section 56441.11.
(3) Between the ages of five and 18 years, inclusive.
(4) Between the ages of 19 and 21 years, inclusive; enrolled in or eligible for a program under this part or other special education program prior to his or her 19th birthday; and has not yet completed his or her prescribed course of study or who has not met proficiency standards or has not graduated from high school with a regular high school diploma.
(A) Any person who becomes 22 years of age during the months of January to June, inclusive, while participating in a program under this part may continue his or her participation in the program for the remainder of the current fiscal year, including any extended school year program for individuals with exceptional needs established pursuant to Section 3043 of Title 5 of the California Code of Regulations and Section 300.106 of Title 34 of the Code of Federal Regulations.
(B) Any person otherwise eligible to participate in a program under this part shall not be allowed to begin a new fiscal year in a program if he or she becomes 22 years of age in July, August, or September of that new fiscal year. However, if a person is in a year-round school program and is completing his or her individualized education program in a term that extends into the new fiscal year, then the person may complete that term.
(C) Any person who becomes 22 years of age during the months of October, November, or December while participating in a program under this act shall be terminated from the program on December 31 of the current fiscal year, unless the person would otherwise complete his or her individualized education program at the end of the current fiscal year.
(D) No local educational agency may develop an individualized education program that extends these eligibility dates, and in no event may a pupil be required or allowed to attend school under the provisions of this part beyond these eligibility dates solely on the basis that the individual has not met his or her goals or objectives.
(d) Meet eligibility criteria set forth in regulations adopted by the board, including, but not limited to, those adopted pursuant to Article 2.5 (commencing with Section 56333) of Chapter 4.
(e) Unless disabled within the meaning of subdivisions (a) to (d), inclusive, pupils whose educational needs are due primarily to limited English proficiency; a lack of instruction in reading or mathematics; temporary physical disabilities; social maladjustment; or environmental, cultural, or economic factors are not individuals with exceptional needs.
(a) As provided in Section 300.102(a)(3)(i) of Title 34
of the Code of Federal Regulations, an individual with exceptional
needs who graduates from high school with a regular high school
diploma is no longer eligible for special education and related
services.
(b) For purposes of this section and Section 56026, a "regular high school diploma" means a diploma conferred on a pupil who has met all local and state high school graduation requirements.
(c) As used in this section, and in accordance with Section 300.102(a)(3)(iv) of Title 34 of the Code of Federal Regulations, "regular high school diploma" does not include an alternative degree that is not fully aligned with the academic standards of the State of California, such as a certificate or a General Educational Development credential (GED).
(b) For purposes of this section and Section 56026, a "regular high school diploma" means a diploma conferred on a pupil who has met all local and state high school graduation requirements.
(c) As used in this section, and in accordance with Section 300.102(a)(3)(iv) of Title 34 of the Code of Federal Regulations, "regular high school diploma" does not include an alternative degree that is not fully aligned with the academic standards of the State of California, such as a certificate or a General Educational Development credential (GED).
"Language mode" means the method of communication used by
hard-of-hearing and deaf children that may include the use of sign
language to send or receive messages or the use of spoken language,
with or without visual signs or cues.
"Local educational agency" means a school district, a
county office of education, a nonprofit charter school participating
as a member of a special education local plan area, or a special
education local plan area.
"Low incidence disability" means a severe disabling
condition with an expected incidence rate of less than one percent of
the total statewide enrollment in kindergarten through grade 12. For
purposes of this definition, severe disabling conditions are hearing
impairments, vision impairments, and severe orthopedic impairments,
or any combination thereof. For purposes of this definition, vision
impairments do not include disabilities within the function of vision
specified in Section 56338.
"Local plan" means a plan that meets the requirements of
Chapter 2.5 (commencing with Section 56195) and Chapter 3 (commencing
with Section 56205) and that is submitted by a single school
district, two or more school districts, or one or more school
districts together with one or more county offices of education.
(a) "Parent" means any of the following:
(1) A biological or adoptive parent of a child.
(2) A foster parent if the authority of the biological or adoptive parents to make educational decisions on the child's behalf specifically has been limited by court order in accordance with Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal Regulations.
(3) A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child, including a responsible adult appointed for the child in accordance with Sections 361 and 726 of the Welfare and Institutions Code.
(4) An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the child's welfare.
(5) A surrogate parent who has been appointed pursuant to Section 7579.5 or 7579.6 of the Government Code, and in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations and Section 1439(a)(5) of Title 20 of the United States Code.
(b) (1) Except as provided in paragraph (2), the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under subdivision (a) to act as a parent, shall be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
(2) If a judicial decree or order identifies a specific person or persons under paragraphs (1) to (4), inclusive, of subdivision (a) to act as the "parent" of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the "parent" for purposes of this part, Article 1 (commencing with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2, and Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code.
(c) "Parent" does not include the state or any political subdivision of government.
(d) "Parent" does not include a nonpublic, nonsectarian school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child.
(1) A biological or adoptive parent of a child.
(2) A foster parent if the authority of the biological or adoptive parents to make educational decisions on the child's behalf specifically has been limited by court order in accordance with Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal Regulations.
(3) A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child, including a responsible adult appointed for the child in accordance with Sections 361 and 726 of the Welfare and Institutions Code.
(4) An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the child's welfare.
(5) A surrogate parent who has been appointed pursuant to Section 7579.5 or 7579.6 of the Government Code, and in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations and Section 1439(a)(5) of Title 20 of the United States Code.
(b) (1) Except as provided in paragraph (2), the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under subdivision (a) to act as a parent, shall be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
(2) If a judicial decree or order identifies a specific person or persons under paragraphs (1) to (4), inclusive, of subdivision (a) to act as the "parent" of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the "parent" for purposes of this part, Article 1 (commencing with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2, and Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code.
(c) "Parent" does not include the state or any political subdivision of government.
(d) "Parent" does not include a nonpublic, nonsectarian school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child.
"Public agency" means a school district, county office of
education, special education local plan area, a nonprofit public
charter school that is not otherwise included as a local educational
agency and is not a school within a local educational agency, or any
other public agency under the auspices of the state or any political
subdivisions of the state providing special education or related
services to individuals with exceptional needs. For purposes of this
part, "public agency," means all of the public agencies listed in
Section 300.33 of Title 34 of the Code of Federal Regulations.
"Referral for assessment" means any written request for
assessment to identify an individual with exceptional needs made by
any of the following:
(a) A parent or guardian of the individual.
(b) A teacher or other service provider of the individual.
(c) A foster parent of the individual, consistent with the limitations contained in federal law.
(a) A parent or guardian of the individual.
(b) A teacher or other service provider of the individual.
(c) A foster parent of the individual, consistent with the limitations contained in federal law.
"Responsible local agency" means the school district or
county office of education designated in the local plan as the
administrative entity the duties of which shall include, but are not
limited to, receiving and distributing regionalized services funds,
providing administrative support, and coordinating the implementation
of the plan.
"Severely disabled" means individuals with exceptional
needs who require intensive instruction and training in programs
serving pupils with the following profound disabilities: autism,
blindness, deafness, severe orthopedic impairments, serious emotional
disturbances, severe intellectual disability, and those individuals
who would have been eligible for enrollment in a development center
for handicapped pupils under Chapter 6 (commencing with Section
56800), as it read on January 1, 1980.
(a) "Special education," in accordance with Section 1401(29)
of Title 20 of the United States Code, means specially designed
instruction, at no cost to the parent, to meet the unique needs of
individuals with exceptional needs, including instruction conducted
in the classroom, in the home, in hospitals and institutions, and
other settings, and instruction in physical education.
(b) In accordance with Section 300.39 of Title 34 of the Code of Federal Regulations, special education includes each of the following, if the services otherwise meet the requirements of subdivision (a):
(1) Speech-language pathology services, or any other designated instruction and service or related service, pursuant to Section 56363, if the service is considered special education rather than a designated instruction and service or related service under state standards.
(2) Travel training.
(3) Vocational education.
(c) Transition services for individuals with exceptional needs may be special education, in accordance with Section 300.43(b) of Title 34 of the Code of Federal Regulations, if provided as specially designed instruction, or a related service, if required to assist an individual with exceptional needs to benefit from special education.
(d) Individuals with exceptional needs shall be grouped for instructional purposes according to their instructional needs.
(b) In accordance with Section 300.39 of Title 34 of the Code of Federal Regulations, special education includes each of the following, if the services otherwise meet the requirements of subdivision (a):
(1) Speech-language pathology services, or any other designated instruction and service or related service, pursuant to Section 56363, if the service is considered special education rather than a designated instruction and service or related service under state standards.
(2) Travel training.
(3) Vocational education.
(c) Transition services for individuals with exceptional needs may be special education, in accordance with Section 300.43(b) of Title 34 of the Code of Federal Regulations, if provided as specially designed instruction, or a related service, if required to assist an individual with exceptional needs to benefit from special education.
(d) Individuals with exceptional needs shall be grouped for instructional purposes according to their instructional needs.
"Individualized education program" means a written document
described in Sections 56345 and 56345.1 for an individual with
exceptional needs that is developed, reviewed, and revised in a
meeting in accordance with Sections 300.320 to 300.328, inclusive, of
Title 34 of the Code of Federal Regulations and this part. It also
means "individualized family service plan" as described in Section
1436 of Title 20 of the United States Code if the individualized
education program pertains to an individual with exceptional needs
younger than three years of age.
"Superintendent" means the Superintendent of Public
Instruction.
"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 education-related settings and in extracurricular and
nonacademic settings, to enable individuals with exceptional needs to
be educated with nondisabled children to the maximum extent
appropriate in accordance with Section 1412(a)(5) of Title 20 of the
United States Code and Sections 300.114 to 300.116, inclusive, of
Title 34 of the Code of Federal Regulations.
"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 or offers public service, including, but
not limited to, a state or local agency, an affiliate of a state or
local agency, including a private, nonprofit corporation established
or operated by a state or local agency, or a public university or
college. A nonpublic, nonsectarian school also shall meet standards
as prescribed by the Superintendent and board.
"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 program and that is certified by the
department. It does not include an organization or agency that
operates as a public agency or offers public service, including, but
not limited to, a state or local agency, an affiliate of a state or
local agency, including a private, nonprofit corporation established
or operated by a state or local agency, a public university or
college, or a public hospital. The nonpublic, nonsectarian agency
shall also meet standards as prescribed by the superintendent and
board.
