Section 56176 Of Article 5.6. Children Enrolled In Private Schools From California Education Code >> Division 4. >> Title 2. >> Part 30. >> Chapter 2. >> Article 5.6.
56176
. The cost of the reimbursement described in Section 56175 may
be reduced or denied pursuant to clause (iii) of subparagraph (C) of
paragraph (10) of subsection (a) of Section 1412 of Title 20 of the
United States Code in the event of any of the following:
(a) At the most recent individualized education program meeting
that a parent or guardian attended prior to removal of the child from
the public school, the parent or guardian did not inform the
individualized education program team that they were rejecting the
placement proposed by the local educational agency to provide a free
appropriate public education to the child, including stating his or
her concerns and the intent to enroll the child in a private school
at public expense.
(b) The parent or guardian did not give written notice to the
local educational agency of the information described in subdivision
(a) at least 10 business days, including any holidays that occur on a
business day, prior to the removal of the child from the public
school.
(c) Prior to the parent's or guardian's removal of the child from
the public school, the local educational agency informed the parent,
through the notice requirements described in paragraph (3) of
subsection (b) of Section 1415 of Title 20 of the United States Code,
of its intent to assess the child, including a statement of the
purpose of the assessment that was appropriate and reasonable, but
the parent or guardian did not make the child available for the
assessment.
(d) Upon a judicial finding of unreasonableness with respect to
actions taken by a parent or guardian.