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Section 56040 Of Article 3. General Provisions From California Education Code >> Division 4. >> Title 2. >> Part 30. >> Chapter 1. >> Article 3.
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 public education shall be available to individuals with
exceptional needs in accordance with Section 1412(a)(1) of Title 20
of the United States Code and Section 300.101 of Title 34 of the Code
of Federal Regulations.
(b) An individual, aged 18 through 21 years, who, in the educational placement prior to his or her incarceration in an adult correctional facility was not identified as being an individual with exceptional needs or did not have an individualized education program under this part, is not entitled to a free appropriate public education pursuant to Section 1412(a)(1)(B)(ii) of Title 20 of the United States Code.
(b) An individual, aged 18 through 21 years, who, in the educational placement prior to his or her incarceration in an adult correctional facility was not identified as being an individual with exceptional needs or did not have an individualized education program under this part, is not entitled to a free appropriate public education pursuant to Section 1412(a)(1)(B)(ii) of Title 20 of the United States Code.
