56340. A local educational agency shall initiate and conduct
meetings for the purposes of developing, reviewing, and revising the
individualized education program of each individual with exceptional
needs in accordance with Section 300.323(c) of Title 34 of the Code
of Federal Regulations.
56340.1. All instructional planning procedures for individuals with
exceptional needs who are younger than three years of age shall be
provided pursuant to Chapter 4.4 (commencing with Section 56425) and
the California Early Intervention Services Act, Title 14 (commencing
with Section 95000) of the Government Code.
56341. (a) Each meeting to develop, review, or revise the
individualized education program of an individual with exceptional
needs shall be conducted by an individualized education program team.
(b) The individualized education program team shall include all of
the following:
(1) One or both of the pupil's parents, a representative selected
by a parent, or both, in accordance with the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(2) Not less than one regular education teacher of the pupil, if
the pupil is, or may be, participating in the regular education
environment. If more than one regular education teacher is providing
instructional services to the individual with exceptional needs, one
regular education teacher may be designated by the local educational
agency to represent the others.
The regular education teacher of an individual with exceptional
needs, to the extent appropriate, shall participate in the
development, review, and revision of the pupil's individualized
education program, including assisting in the determination of
appropriate positive behavioral interventions and supports, and other
strategies for the pupil, and the determination of supplementary
aids and services, program modifications, and supports for school
personnel that will be provided for the pupil, consistent with
Section 1414(d)(1)(A)(i)(IV) of Title 20 of the United States Code.
(3) Not less than one special education teacher of the pupil, or
if appropriate, not less than one special education provider of the
pupil.
(4) A representative of the local educational agency who meets all
of the following:
(A) Is qualified to provide, or supervise the provision of,
specially designed instruction to meet the unique needs of
individuals with exceptional needs.
(B) Is knowledgeable about the general education curriculum.
(C) Is knowledgeable about the availability of resources of the
local educational agency.
(5) An individual who can interpret the instructional implications
of the assessment results. The individual may be a member of the
team described in paragraphs (2) to (6), inclusive.
(6) At the discretion of the parent, guardian, or the local
educational agency, other individuals who have knowledge or special
expertise regarding the pupil, including related services personnel,
as appropriate. The determination of whether the individual has
knowledge or special expertise regarding the pupil shall be made by
the party who invites the individual to be a member of the
individualized education program team.
(7) Whenever appropriate, the individual with exceptional needs.
(c) In accordance with Sections 300.308 and 300.310 of Title 34 of
the Code of Federal Regulations, for a pupil suspected of having a
specific learning disability, at least one member of the
individualized education program team shall be qualified to conduct
individual diagnostic examinations of children, such as a school
psychologist, speech-language pathologist, or remedial reading
teacher. In accordance with Section 300.310 of Title 34 of the Code
of Federal Regulations, at least one team member shall observe the
pupil's academic performance and behavior in the areas of difficulty
in the pupil's learning environment, including in the regular
classroom setting. In the case of a child who is less than schoolage
or out of school, a team member shall observe the child in an
environment appropriate for a child of that age.
(d) (1) The local educational agency shall invite an individual
with exceptional needs to attend his or her individualized education
program meeting if a purpose of the meeting will be the consideration
of the postsecondary goals for the individual and the needed
transition services for the individual to assist the individual in
reaching those goals under subparagraphs (A) and (B) of paragraph (8)
of subdivision (a) of Section 56345.
(2) If the individual with exceptional needs does not attend the
individualized education program meeting, the local educational
agency shall take steps to ensure that the individual's preferences
and interests are considered.
(3) To the extent appropriate, with the consent of the parents or
an individual with exceptional needs who has reached the age of
majority, in implementing the requirements of paragraph (1), the
local educational agency shall invite a representative of a
participating agency that is likely to be responsible for providing
or paying for transition services.
(e) A local educational agency may designate another local
educational agency member of the individualized education program
team to serve also as the representative required pursuant to
paragraph (4) of subdivision (b) if the requirements of subparagraphs
(A), (B), and (C) of paragraph (4) of subdivision (b) are met.
(f) A member of the individualized education program team
described in paragraphs (2) to (5), inclusive, of subdivision (b)
shall not be required to attend an individualized education program
meeting, in whole or in part, if the parent of the individual with
exceptional needs and the local educational agency agree, in writing,
that the attendance of the member is not necessary because the
member's area of the curriculum or related services is not being
modified or discussed in the meeting.
(g) A member of the individualized education program team
described in subdivision (f) may be excused from attending an
individualized education program meeting, in whole or in part, when
the meeting involves a modification to or discussion of the member's
area of the curriculum or related services, if both of the following
occur:
(1) The parent, in writing, and the local educational agency
consent to the excusal after conferring with the member.
(2) The member submits, in writing, to the parent and the
individualized education program team input into the development of
the individualized education program prior to the meeting.
(h) A parent's agreement under subdivision (f) and consent under
subdivision (g) shall be in writing.
(i) In the case of a child who was previously served under Chapter
4.4 (commencing with Section 56425), Early Education for Individuals
with Exceptional Needs, or the California Early Intervention
Services Act under Title 14 (commencing with Section 95000) of the
Government Code, an invitation to the initial individualized
education program team meeting shall, at the request of the parent,
be sent to the infants and toddlers with disabilities service
coordinator, as described in Subchapter III (commencing with Section
1431) of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.), or other representatives of the early
education or early intervention system to assist with the smooth
transition of services.
56341.1. (a) When developing each pupil's individualized education
program, the individualized education program team shall consider the
following:
(1) The strengths of the pupil.
(2) The concerns of the parents or guardians for enhancing the
education of the pupil.
(3) The results of the initial assessment or most recent
assessment of the pupil.
(4) The academic, developmental, and functional needs of the
child.
(b) The individualized education program team shall do the
following:
(1) In the case of a pupil whose behavior impedes his or her
learning or that of others, consider the use of positive behavioral
interventions and supports, and other strategies, to address that
behavior.
(2) In the case of a pupil with limited English proficiency,
consider the language needs of the pupil as those needs relate to the
pupil's individualized education program.
(3) In the case of a pupil who is blind or visually impaired,
provide for instruction in braille, and the use of braille, unless
the individualized education program team determines, after an
assessment of the pupil's reading and writing skills, needs, and
appropriate reading and writing media, including an assessment of the
pupil's future needs for instruction in braille or the use of
braille, that instruction in braille or the use of braille is not
appropriate for the pupil.
(4) Consider the communication needs of the pupil, and in the case
of a pupil who is deaf or hard of hearing, consider the pupil's
language and communication needs, opportunities for direct
communications with peers and professional personnel in the pupil's
language and communication mode, academic level, and full range of
needs, including opportunities for direct instruction in the pupil's
language and communication mode.
(5) Consider whether the pupil requires assistive technology
devices and services as defined in Section 1401(1) and (2) of Title
20 of the United States Code.
(c) If, in considering the special factors described in
subdivisions (a) and (b), the individualized education program team
determines that a pupil needs a particular device or service,
including an intervention, accommodation, or other program
modification, in order for the pupil to receive a free appropriate
public education, the individualized education program team shall
include a statement to that effect in the pupil's individualized
education program.
(d) The individualized education program team shall review the
pupil's individualized education program periodically, but not less
frequently than annually, to determine whether the annual goals for
the pupil are being achieved, and revise the individualized education
program, as appropriate, to address, among other matters, the
following:
(1) A lack of expected progress toward the annual goals and in the
general education curriculum, where appropriate.
(2) The results of any reassessment conducted pursuant to Section
56381.
(3) Information about the pupil provided to, or by, the parents or
guardians, as described in subdivision (b) of Section 56381.
(4) The pupil's anticipated needs.
(5) Any other relevant matter.
(e) A regular education teacher of the pupil, who is a member of
the individualized education program team, shall participate,
consistent with Section 1414(d)(1)(C) of Title 20 of the United
States Code, in the review and revision of the individualized
education program of the pupil.
(f) The parent or guardian shall have the right to present
information to the individualized education program team in person or
through a representative and the right to participate in meetings,
relating to eligibility for special education and related services,
recommendations, and program planning.
(g) (1) Notwithstanding Section 632 of the Penal Code, the parent
or guardian or local educational agency shall have the right to audio
record the proceedings of individualized education program team
meetings. The parent or guardian or local educational agency shall
notify the members of the individualized education program team of
his, her, or its intent to audio record a meeting at least 24 hours
prior to the meeting. If the local educational agency initiates the
notice of intent to audio record a meeting and the parent or guardian
objects or refuses to attend the meeting because it will be audio
recorded, the meeting shall not be audio recorded.
(2) The Legislature hereby finds as follows:
(A) Under federal law, audio recordings made by a local
educational agency are subject to the federal Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g), and are
subject to the confidentiality requirements of the regulations under
Sections 300.610 to 300.626, inclusive, of Title 34 of the Code of
Federal Regulations.
(B) Parents or guardians have the right, pursuant to Sections
99.10 to 99.22, inclusive, of Title 34 of the Code of Federal
Regulations, to do all of the following:
(i) Inspect and review the audio recordings.
(ii) Request that the audio recordings be amended if the parent or
guardian believes that they contain information that is inaccurate,
misleading, or in violation of the rights of privacy or other rights
of the individual with exceptional needs.
(iii) Challenge, in a hearing, information that the parent or
guardian believes is inaccurate, misleading, or in violation of the
individual's rights of privacy or other rights.
(h) It is the intent of the Legislature that the individualized
education program team meetings be nonadversarial and convened solely
for the purpose of making educational decisions for the good of the
individual with exceptional needs.
56341.2. (a) In the case of a pupil with exceptional needs who has
been placed in a group home, as defined in subdivision (g) of Section
80001 of Title 22 of the California Code of Regulations, by the
juvenile court pursuant to Section 300, 601, or 602 of the Welfare
and Institutions Code, the district, special education local plan
area, or county office shall invite to the individualized education
program team meetings a representative of the group home.
(b) This section shall not be construed to delay the
individualized education program process or to change the
individualized education program team requirements of subdivision (b)
of Section 56341.
56341.5. (a) Each local educational agency convening a meeting of
the individualized education program team shall take steps to ensure
that no less than one of the parents or guardians of the individual
with exceptional needs are present at each individualized education
program meeting or are afforded the opportunity to participate.
(b) Parents or guardians shall be notified of the individualized
education program meeting early enough to ensure an opportunity to
attend.
(c) The individualized education program meeting shall be
scheduled at a mutually agreed-upon time and place. The notice of the
meeting under subdivision (b) shall indicate the purpose, time, and
location of the meeting and who shall be in attendance. Parents or
guardians also shall be informed in the notice of the right, pursuant
to Section 300.322(b)(1)(ii) of Title 34 of the Code of Federal
Regulations, to bring other people to the meeting who have knowledge
or special expertise regarding the individual with exceptional needs,
and inform the parents of subdivision (i) of Section 56341 relating
to the participation of the infants and toddlers with disabilities
service coordinator under Subchapter III (commencing with Section
1431) of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) at the initial individualized education
program team meeting for a child previously served under the
Subchapter III program.
(d) As part of the participation of an individual with exceptional
needs in the development of an individualized education program, as
required by federal law, the individual with exceptional needs shall
be allowed to provide confidential input to any representative of his
or her individualized education program team.
(e) For an individual with exceptional needs, beginning no later
than the effective date of the individualized education program in
effect when the individual reaches the age of 16 years, or younger if
determined appropriate by the individualized education program team,
the meeting notice also shall indicate that a purpose of the meeting
will be the consideration of the postsecondary goals and transition
services for the individual, pursuant to Section 56345.1 and Section
1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, and the
meeting notice shall indicate that the individual with exceptional
needs is invited to attend. If the pupil does not attend the
individualized education program meeting, the local educational
agency shall take steps to ensure that the preferences and interests
of the pupil are considered in accordance with Section 300.321(b)(2)
of Title 34 of the Code of Federal Regulations.
(f) The local educational agency, to the extent appropriate, with
the consent of the parents or individual with exceptional needs who
has reached the age of majority, and in accordance with Section
300.321(b)(3) of Title 34 of the Code of Federal Regulations, shall
invite a representative of any participating agency that is likely to
be responsible for providing or paying for transition services.
(g) Pursuant to Section 300.322(c) of Title 34 of the Code of
Federal Regulations, if no parent or guardian can attend the meeting,
the local educational agency shall use other methods to ensure
parent or guardian participation, including individual or conference
telephone calls, and consistent with Section 300.328 of Title 34 of
the Code of Federal Regulations, the parent or guardian and the local
educational agency may agree to use alternative means of meeting
participation.
(h) A meeting may be conducted without a parent or guardian in
attendance if the local educational agency is unable to convince the
parent or guardian that he or she should attend. In this event, the
local educational agency shall maintain a record of its attempts to
arrange a mutually agreed-upon time and place, such as:
(1) Detailed records of telephone calls made or attempted and the
results of those calls.
(2) Copies of correspondence sent to the parents or guardians and
any responses received.
(3) Detailed records of visits made to the home or place of
employment of the parent or guardian and the results of those visits.
(i) The local educational agency shall take any action necessary
to ensure that the parent or guardian understands the proceedings at
a meeting, including arranging for an interpreter for parents or
guardians with deafness or whose native language is a language other
than English.
(j) The local educational agency shall give the parent or guardian
a copy of the individualized education program, at no cost to the
parent or guardian.
56342. (a) The individualized education program team shall review
the assessment results, determine eligibility, determine the content
of the individualized education program, consider local
transportation policies and criteria developed pursuant to paragraph
(5) of subdivision (b) of Section 56195.8, and make program placement
recommendations.
(b) In determining the program placement of an individual with
exceptional needs, a local educational agency shall ensure that the
placement decisions and the child's placement are made in accordance
with Sections 300.114 to 300.118, inclusive, of Title 34 of the Code
of Federal Regulations.
56342.1. Before a local educational agency places an individual
with exceptional needs in, or refers an individual to, a nonpublic,
nonsectarian school pursuant to Section 56365, the district, special
education local plan area, or county office of education shall
initiate and conduct a meeting to develop an individualized education
program in accordance with Sections 56341.1 and 56345 and in
accordance with Section 300.325(a) of Title 34 of the Code of Federal
Regulations.
56342.5. A local educational agency shall ensure that the parent of
each individual with exceptional needs is a member of any group that
makes decisions on the educational placement of the individual with
exceptional needs.
56343. An individualized education program team shall meet whenever
any of the following occurs:
(a) A pupil has received an initial formal assessment. The team
may meet when a pupil receives any subsequent formal assessment.
(b) The pupil demonstrates a lack of anticipated progress.
(c) The parent or teacher requests a meeting to develop, review,
or revise the individualized education program.
(d) At least annually, to review the pupil's progress, the
individualized education program, including whether the annual goals
for the pupil are being achieved, and the appropriateness of
placement, and to make any necessary revisions. The individualized
education program team conducting the annual review shall consist of
those persons specified in subdivision (b) of Section 56341. Other
individuals may participate in the annual review if they possess
expertise or knowledge essential for the review.
56343.5. A meeting of an individualized education program team
requested by a parent to review an individualized education program
pursuant to subdivision (c) of Section 56343 shall be held within 30
days, not counting days between the pupil's regular school sessions,
terms, or days of school vacation in excess of five schooldays, from
the date of receipt of the parent's written request. If a parent
makes an oral request, the local educational agency shall notify the
parent of the need for a written request and the procedure for filing
a written request.
56344. (a) An individualized education program required as a result
of an assessment of a pupil shall be developed within a total time
not to exceed 60 days, not counting days between the pupil's regular
school sessions, terms, or days of school vacation in excess of five
schooldays, from the date of receipt of the parent's written consent
for assessment, unless the parent agrees, in writing, to an
extension. However, an individualized education program required as a
result of an assessment of a pupil shall be developed within 30 days
after the commencement of the subsequent regular school year as
determined by each local educational agency's school calendar for
each pupil for whom a referral has been made 30 days or less prior to
the end of the regular school year. In the case of pupil school
vacations, the 60-day time shall recommence on the date that pupil
schooldays reconvene. A meeting to develop an initial individualized
education program for the pupil shall be conducted within 30 days of
a determination that the pupil needs special education and related
services pursuant to Section 300.323(c)(1) of Title 34 of the Code of
Federal Regulations.
(b) Pursuant to Section 300.323(c)(2) of Title 34 of the Code of
Federal Regulations, as soon as possible following development of the
individualized education program, special education and related
services shall be made available to the individual with exceptional
needs in accordance with the individual's individualized education
program.
(c) Each local educational agency shall have an individualized
education program in effect for each individual with exceptional
needs within its jurisdiction at the beginning of each school year in
accordance with subdivision (a) and pursuant to Section 300.323(a)
and (b) of Title 34 of the Code of Federal Regulations.
56345. (a) The individualized education program is a written
statement for each individual with exceptional needs that is
developed, reviewed, and revised in accordance with this section, as
required by Section 1414(d) of Title 20 of the United States Code,
and that includes the following:
(1) A statement of the individual's present levels of academic
achievement and functional performance, including the following:
(A) The manner in which the disability of the individual affects
his or her involvement and progress in the general education
curriculum.
(B) For preschool children, as appropriate, the manner in which
the disability affects his or her participation in appropriate
activities.
(C) For individuals with exceptional needs who take alternate
assessments aligned to alternate achievement standards, a description
of benchmarks or short-term objectives.
(2) A statement of measurable annual goals, including academic and
functional goals, designed to do the following:
(A) Meet the needs of the individual that result from the
disability of the individual to enable the pupil to be involved in
and make progress in the general education curriculum.
(B) Meet each of the other educational needs of the pupil that
result from the disability of the individual.
(3) A description of the manner in which the progress of the pupil
toward meeting the annual goals described in paragraph (2) will be
measured and when periodic reports on the progress the pupil is
making toward meeting the annual goals, such as through the use of
quarterly or other periodic reports, concurrent with the issuance of
report cards, will be provided.
(4) A statement of the special education and related services and
supplementary aids and services, based on peer-reviewed research to
the extent practicable, to be provided to the pupil, or on behalf of
the pupil, and a statement of the program modifications or supports
for school personnel that will be provided to enable the pupil to do
the following:
(A) To advance appropriately toward attaining the annual goals.
(B) To be involved in and make progress in the general education
curriculum in accordance with paragraph (1) and to participate in
extracurricular and other nonacademic activities.
(C) To be educated and participate with other individuals with
exceptional needs and nondisabled pupils in the activities described
in this subdivision.
(5) An explanation of the extent, if any, to which the pupil will
not participate with nondisabled pupils in the regular class and in
the activities described in subparagraph (C) of paragraph (4).
(6) (A) A statement of individual appropriate accommodations that
are necessary to measure the academic achievement and functional
performance of the pupil on state and districtwide assessments
consistent with Section 1412(a)(16)(A) of Title 20 of the United
States Code.
(B) If the individualized education program team determines that
the pupil shall take an alternate assessment instead of a particular
state or districtwide assessment of pupil achievement, a statement of
the following:
(i) The reason why the pupil cannot participate in the regular
assessment.
(ii) The reason why the particular alternate assessment selected
is appropriate for the pupil.
(7) The projected date for the beginning of the services and
modifications described in paragraph (4), and the anticipated
frequency, location, and duration of those services and
modifications.
(8) Beginning not later than the first individualized education
program to be in effect when the pupil is 16 years of age, or younger
if determined appropriate by the individualized education program
team, and updated annually thereafter, the following shall be
included:
(A) Appropriate measurable postsecondary goals based upon
age-appropriate transition assessments related to training,
education, employment, and where appropriate, independent living
skills.
(B) The transition services, as defined in Section 56345.1,
including courses of study, needed to assist the pupil in reaching
those goals.
(b) If appropriate, the individualized education program shall
also include, but not be limited to, all of the following:
(1) For pupils in grades 7 to 12, inclusive, any alternative means
and modes necessary for the pupil to complete the prescribed course
of study of the district and to meet or exceed proficiency standards
for graduation.
(2) For individuals whose native language is other than English,
linguistically appropriate goals, objectives, programs, and services.
(3) Pursuant to Section 300.106 of Title 34 of the Code of Federal
Regulations, extended school year services shall be included in the
individualized education program and provided to the pupil if the
individualized education program team of the pupil determines, on an
individual basis, that the services are necessary for the provision
of a free appropriate public education to the pupil.
(4) Provision for the transition into the regular class program if
the pupil is to be transferred from a special class or nonpublic,
nonsectarian school into a regular class in a public school for any
part of the schoolday, including the following:
(A) A description of activities provided to integrate the pupil
into the regular education program. The description shall indicate
the nature of each activity, and the time spent on the activity each
day or week.
(B) A description of the activities provided to support the
transition of pupils from the special education program into the
regular education program.
(5) For pupils with low-incidence disabilities, specialized
services, materials, and equipment, consistent with guidelines
established pursuant to Section 56136.
(c) It is the intent of the Legislature in requiring
individualized education programs, that the local educational agency
is responsible for providing the services delineated in the
individualized education program. However, the Legislature recognizes
that some pupils may not meet or exceed the growth projected in the
annual goals and objectives of the individualized education program
of the pupil.
(d) Consistent with Section 56000.5 and Section 1414(d)(3)(B)(iv)
of Title 20 of the United States Code, it is the intent of the
Legislature that, in making a determination of the services that
constitute an appropriate education to meet the unique needs of a
deaf or hard-of-hearing pupil in the least restrictive environment,
the individualized education program team shall consider the related
services and program options that provide the pupil with an equal
opportunity for communication access. The individualized education
program team shall specifically discuss the communication needs of
the pupil, consistent with "Deaf Students Education Services Policy
Guidance" (57 Fed. Reg. 49274 (October 1992)), including all of the
following:
(1) The pupil's primary language mode and language, which may
include the use of spoken language with or without visual cues, or
the use of sign language, or a combination of both.
(2) The availability of a sufficient number of age, cognitive, and
language peers of similar abilities, which may be met by
consolidating services into a local plan areawide program or
providing placement pursuant to Section 56361.
(3) Appropriate, direct, and ongoing language access to special
education teachers and other specialists who are proficient in the
pupil's primary language mode and language consistent with existing
law regarding teacher training requirements.
(4) Services necessary to ensure communication-accessible academic
instructions, school services, and extracurricular activities
consistent with the federal Vocational Rehabilitation Act of 1973 (29
U.S.C. Sec. 794 et seq.) and the federal Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(5) In accordance with Section 300.113 of Title 34 of the Code of
Federal Regulations, each public agency shall ensure that hearing
aids worn in school by children with hearing impairments, including
deafness, are functioning properly.
(6) Subject to paragraph (7), each public agency, pursuant to
Section 300.113(b) of Title 34 of the Code of Federal Regulations,
shall ensure that external components of surgically implanted medical
devices are functioning properly.
(7) For a child with a surgically implanted medical device who is
receiving special education and a service under Section 56363, a
public agency is not responsible for the postsurgical maintenance,
programming, or replacement of the medical device that has been
surgically implanted, or of an external component of the surgically
implanted medical device.
(e) State moneys appropriated to districts or local educational
agencies may not be used for any additional responsibilities and
services associated with paragraphs (1) and (2) of subdivision (d),
including the training of special education teachers and other
specialists, even if those additional responsibilities or services
are required pursuant to a judicial or state agency determination.
Those responsibilities and services shall only be funded by a local
educational agency as follows:
(1) The costs of those activities shall be funded from existing
programs and funding sources.
(2) Those activities shall be supported by the resources otherwise
made available to those programs.
(3) Those activities shall be consistent with Sections 56240 to
56243, inclusive.
(f) It is the intent of the Legislature that the communication
skills of teachers who work with hard-of-hearing and deaf children be
improved. This section does not remove the discretionary authority
of the local educational agency in regard to in-service activities.
(g) Beginning not later than one year before the pupil reaches the
age of 18 years, a statement that the pupil has been informed of the
pupil's rights under this part, if any, that will transfer to the
pupil upon reaching the age of 18 years pursuant to Section 56041.5.
(h) The individualized education program team is not required to
include information under one component of a pupil's individualized
education program that is already contained under another component
of the individualized education program.
(i) This section does not require that additional information,
beyond that explicitly required by Section 1414 of Title 20 of the
United States Code and this part, be included in the individualized
education program of a pupil.
56345.1. (a) The term "transition services," as defined in Section
1401(34) of Title 20 of the United States Code and as used in
subparagraph (B) of paragraph (8) of subdivision (a) of Section
56345, means a coordinated set of activities for an individual with
exceptional needs that does all of the following:
(1) Is designed within an results-oriented process, that is
focused on improving the academic and functional achievement of the
individual with exceptional needs to facilitate the movement of the
pupil from school to postschool activities, including postsecondary
education, vocational education, integrated employment, including
supported employment, continuing and adult education, adult services,
independent living, or community participation.
(2) Is based upon the individual needs of the pupil, taking into
account the strengths, preferences, and interests of the pupil.
(3) Includes instruction, related services, community experiences,
the development of employment and other postschool adult living
objectives, and, if appropriate, acquisition of daily living skills
and provision of a functional vocational evaluation.
(b) In accordance with Section 300.43(b) of Title 34 of the Code
of Federal Regulations, transition services for individuals with
exceptional needs may be special education, if provided as specially
designed instruction, or a designated instruction and service, if
required to assist a pupil to benefit from special education.
(c) If a participating agency, other than the local educational
agency, fails to provide the transition services described in the
individualized education program of the pupil in accordance with
Section 1414(d)(6) of Title 20 of the United States Code and
paragraph (8) of subdivision (a) of Section 56345, the local
educational agency shall reconvene the individualized education
program team to identify alternative strategies to meet the
transition service needs for the pupil set out in the program.
56345.2. (a) Pursuant to Section 300.107 of Title 34 of the Code of
Federal Regulations, each public agency shall take steps, including
the provision of supplementary aids and services determined
appropriate and necessary by the individualized education program
team of the individual with exceptional needs, to provide nonacademic
and extracurricular services and activities in the manner necessary
to afford individuals with exceptional needs an equal opportunity for
participation in those services and activities.
(b) Nonacademic and extracurricular services and activities may
include counseling services, athletics, transportation, health
services, recreational activities, special interest groups or clubs
sponsored by the public agency, referrals to agencies that provide
assistance to individuals with exceptional needs, and employment of
pupils, including both employment by the public agency and assistance
in making outside employment available.
(c) Pursuant to Section 300.117 of Title 34 of the Code of Federal
Regulations, each public agency shall ensure that each individual
with exceptional needs participates with nondisabled children in
extracurricular services and activities to the maximum extent
appropriate to the needs of that individual. Each public agency shall
ensure that each individual with exceptional needs has the
supplementary aids and services determined by the individualized
education program team of the individual to be appropriate and
necessary for the individual to participate in nonacademic settings.
56345.5. Except as prescribed in subdivision (b) of Section 56324,
nothing in this part shall be construed to authorize local
educational agencies to prescribe health care services.
56346. (a) A public agency, as defined in Section 56028.5, that is
responsible for making a free appropriate public education and
related services to the child with a disability under this part shall
seek to obtain informed consent from the parent of the child before
providing special education and related services to the child
pursuant to Section 1414(a)(1)(D)(i)(II) of Title 20 of the United
States Code. The public agency shall make reasonable efforts to
obtain informed consent from the parent for the initial provision of
special education and related services to the child in accordance
with Section 300.300(b)(2) of Title 34 of the Code of Federal
Regulations.
(b) If the parent of the child fails to respond or refuses to
consent to the initiation of services pursuant to subdivision (a),
the public agency shall not provide special education and related
services to the child by utilizing the procedures in Section 1415 of
Title 20 of the United States Code or the procedures in subdivision
(e) of Section 56506 in order to obtain agreement or a ruling that
the services may be provided to the child.
(c) If the parent of the child refuses to consent to the initial
provision of special education and related services, or the parent
fails to respond to a request to provide the consent, both of the
following are applicable:
(1) The public agency shall not be considered to be in violation
of the requirement to make available a free appropriate public
education to the child for the failure to provide the child with the
special education and related services for which the public agency
requests consent.
(2) The public agency shall not be required to convene an
individualized education program team meeting or develop an
individualized education program under this part for the child for
the special education and related services for which the public
agency requests consent.
(d) (1) Pursuant to Section 300.300(b)(4) of Title 34 of the Code
of Federal Regulations, if the parent or guardian of a child submits
a written revocation of his or her consent pursuant to this section
at any time subsequent to the initial provision of special education
and related services to the child, the public agency shall not do
either of the following:
(A) Continue to provide special education and related services to
the child, but shall provide prior written notice to the child's
parent or guardian in accordance with Section 56500.4 before ceasing
the provision of the special education and related services.
(B) Use the procedural safeguards specified in Chapter 5
(commencing with Section 56500), including mediation and the due
process complaint procedures, to obtain agreement or a ruling that
the services may be provided to the child.
(2) A public agency shall be deemed in compliance with the
requirement to make a free appropriate public education available to
a child if the agency ceases to provide the child with further
special education and related services pursuant to this subdivision.
A public agency is not required to convene an individualized
education program team meeting or develop an individualized education
program pursuant to this article for the child for further provision
of special education and related services.
(e) If the parent of the child consents in writing to the receipt
of special education and related services for the child but does not
consent to all of the components of the individualized education
program, those components of the program to which the parent has
consented shall be implemented so as not to delay providing
instruction and services to the child.
(f) With the exception of a parent of a child who fails to respond
pursuant to subdivision (b), or refuses to consent to services
pursuant to subdivision (b), if the public agency determines that the
proposed special education program component to which the parent
does not consent is necessary to provide a free appropriate public
education to the child, a due process hearing shall be initiated in
accordance with Section 1415(f) of Title 20 of the United States
Code. If a due process hearing is held, the hearing decision shall be
the final administrative determination and shall be binding upon the
parties. While a resolution session, mediation conference, or due
process hearing is pending, the child shall remain in his or her
current placement, unless the parent and the public agency agree
otherwise.
(g) In accordance with Section 300.300(d)(4)(i) of Title 34 of the
Code of Federal Regulations, if the parent of a child who is home
schooled or placed in a private school by the parents at their own
expense does not provide consent for the initial assessment or the
reassessment, or the parent fails to respond to a request to provide
consent, the public agency shall not use the consent override
procedures described in Section 300.300(a)(3) and (c)(1) of Title 34
of the Code of Federal Regulations. The public agency is not required
to consider the child as eligible for services under Article 5.6
(commencing with Section 56170) of Chapter 2.
56347. A local educational agency, prior to the placement of the
individual with exceptional needs, shall ensure that the regular
teacher or teachers, the special education teacher or teachers, and
other persons who provide special education, related services, or
both to the individual with exceptional needs have access to the
pupil's individualized education program, shall be knowledgeable of
the content of the individualized education program, and shall be
informed of his or her specific responsibilities related to
implementing a pupil's individualized education program and the
specific accommodations, modifications and supports that shall be
provided for the pupil in accordance with the individualized
education program, pursuant to Section 300.323(d) of Title 34 of the
Code of Federal Regulations. A copy of each individualized education
program shall be maintained at each schoolsite where the pupil is
enrolled. Service providers from other agencies who provide
instruction or a related service to the individual off the schoolsite
shall be provided a copy of the individualized education program.
All individualized education programs shall be maintained in
accordance with state and federal pupil record confidentiality laws.
56340. A local educational agency shall initiate and conduct
meetings for the purposes of developing, reviewing, and revising the
individualized education program of each individual with exceptional
needs in accordance with Section 300.323(c) of Title 34 of the Code
of Federal Regulations.
56340.1. All instructional planning procedures for individuals with
exceptional needs who are younger than three years of age shall be
provided pursuant to Chapter 4.4 (commencing with Section 56425) and
the California Early Intervention Services Act, Title 14 (commencing
with Section 95000) of the Government Code.
56341. (a) Each meeting to develop, review, or revise the
individualized education program of an individual with exceptional
needs shall be conducted by an individualized education program team.
(b) The individualized education program team shall include all of
the following:
(1) One or both of the pupil's parents, a representative selected
by a parent, or both, in accordance with the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(2) Not less than one regular education teacher of the pupil, if
the pupil is, or may be, participating in the regular education
environment. If more than one regular education teacher is providing
instructional services to the individual with exceptional needs, one
regular education teacher may be designated by the local educational
agency to represent the others.
The regular education teacher of an individual with exceptional
needs, to the extent appropriate, shall participate in the
development, review, and revision of the pupil's individualized
education program, including assisting in the determination of
appropriate positive behavioral interventions and supports, and other
strategies for the pupil, and the determination of supplementary
aids and services, program modifications, and supports for school
personnel that will be provided for the pupil, consistent with
Section 1414(d)(1)(A)(i)(IV) of Title 20 of the United States Code.
(3) Not less than one special education teacher of the pupil, or
if appropriate, not less than one special education provider of the
pupil.
(4) A representative of the local educational agency who meets all
of the following:
(A) Is qualified to provide, or supervise the provision of,
specially designed instruction to meet the unique needs of
individuals with exceptional needs.
(B) Is knowledgeable about the general education curriculum.
(C) Is knowledgeable about the availability of resources of the
local educational agency.
(5) An individual who can interpret the instructional implications
of the assessment results. The individual may be a member of the
team described in paragraphs (2) to (6), inclusive.
(6) At the discretion of the parent, guardian, or the local
educational agency, other individuals who have knowledge or special
expertise regarding the pupil, including related services personnel,
as appropriate. The determination of whether the individual has
knowledge or special expertise regarding the pupil shall be made by
the party who invites the individual to be a member of the
individualized education program team.
(7) Whenever appropriate, the individual with exceptional needs.
(c) In accordance with Sections 300.308 and 300.310 of Title 34 of
the Code of Federal Regulations, for a pupil suspected of having a
specific learning disability, at least one member of the
individualized education program team shall be qualified to conduct
individual diagnostic examinations of children, such as a school
psychologist, speech-language pathologist, or remedial reading
teacher. In accordance with Section 300.310 of Title 34 of the Code
of Federal Regulations, at least one team member shall observe the
pupil's academic performance and behavior in the areas of difficulty
in the pupil's learning environment, including in the regular
classroom setting. In the case of a child who is less than schoolage
or out of school, a team member shall observe the child in an
environment appropriate for a child of that age.
(d) (1) The local educational agency shall invite an individual
with exceptional needs to attend his or her individualized education
program meeting if a purpose of the meeting will be the consideration
of the postsecondary goals for the individual and the needed
transition services for the individual to assist the individual in
reaching those goals under subparagraphs (A) and (B) of paragraph (8)
of subdivision (a) of Section 56345.
(2) If the individual with exceptional needs does not attend the
individualized education program meeting, the local educational
agency shall take steps to ensure that the individual's preferences
and interests are considered.
(3) To the extent appropriate, with the consent of the parents or
an individual with exceptional needs who has reached the age of
majority, in implementing the requirements of paragraph (1), the
local educational agency shall invite a representative of a
participating agency that is likely to be responsible for providing
or paying for transition services.
(e) A local educational agency may designate another local
educational agency member of the individualized education program
team to serve also as the representative required pursuant to
paragraph (4) of subdivision (b) if the requirements of subparagraphs
(A), (B), and (C) of paragraph (4) of subdivision (b) are met.
(f) A member of the individualized education program team
described in paragraphs (2) to (5), inclusive, of subdivision (b)
shall not be required to attend an individualized education program
meeting, in whole or in part, if the parent of the individual with
exceptional needs and the local educational agency agree, in writing,
that the attendance of the member is not necessary because the
member's area of the curriculum or related services is not being
modified or discussed in the meeting.
(g) A member of the individualized education program team
described in subdivision (f) may be excused from attending an
individualized education program meeting, in whole or in part, when
the meeting involves a modification to or discussion of the member's
area of the curriculum or related services, if both of the following
occur:
(1) The parent, in writing, and the local educational agency
consent to the excusal after conferring with the member.
(2) The member submits, in writing, to the parent and the
individualized education program team input into the development of
the individualized education program prior to the meeting.
(h) A parent's agreement under subdivision (f) and consent under
subdivision (g) shall be in writing.
(i) In the case of a child who was previously served under Chapter
4.4 (commencing with Section 56425), Early Education for Individuals
with Exceptional Needs, or the California Early Intervention
Services Act under Title 14 (commencing with Section 95000) of the
Government Code, an invitation to the initial individualized
education program team meeting shall, at the request of the parent,
be sent to the infants and toddlers with disabilities service
coordinator, as described in Subchapter III (commencing with Section
1431) of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.), or other representatives of the early
education or early intervention system to assist with the smooth
transition of services.
56341.1. (a) When developing each pupil's individualized education
program, the individualized education program team shall consider the
following:
(1) The strengths of the pupil.
(2) The concerns of the parents or guardians for enhancing the
education of the pupil.
(3) The results of the initial assessment or most recent
assessment of the pupil.
(4) The academic, developmental, and functional needs of the
child.
(b) The individualized education program team shall do the
following:
(1) In the case of a pupil whose behavior impedes his or her
learning or that of others, consider the use of positive behavioral
interventions and supports, and other strategies, to address that
behavior.
(2) In the case of a pupil with limited English proficiency,
consider the language needs of the pupil as those needs relate to the
pupil's individualized education program.
(3) In the case of a pupil who is blind or visually impaired,
provide for instruction in braille, and the use of braille, unless
the individualized education program team determines, after an
assessment of the pupil's reading and writing skills, needs, and
appropriate reading and writing media, including an assessment of the
pupil's future needs for instruction in braille or the use of
braille, that instruction in braille or the use of braille is not
appropriate for the pupil.
(4) Consider the communication needs of the pupil, and in the case
of a pupil who is deaf or hard of hearing, consider the pupil's
language and communication needs, opportunities for direct
communications with peers and professional personnel in the pupil's
language and communication mode, academic level, and full range of
needs, including opportunities for direct instruction in the pupil's
language and communication mode.
(5) Consider whether the pupil requires assistive technology
devices and services as defined in Section 1401(1) and (2) of Title
20 of the United States Code.
(c) If, in considering the special factors described in
subdivisions (a) and (b), the individualized education program team
determines that a pupil needs a particular device or service,
including an intervention, accommodation, or other program
modification, in order for the pupil to receive a free appropriate
public education, the individualized education program team shall
include a statement to that effect in the pupil's individualized
education program.
(d) The individualized education program team shall review the
pupil's individualized education program periodically, but not less
frequently than annually, to determine whether the annual goals for
the pupil are being achieved, and revise the individualized education
program, as appropriate, to address, among other matters, the
following:
(1) A lack of expected progress toward the annual goals and in the
general education curriculum, where appropriate.
(2) The results of any reassessment conducted pursuant to Section
56381.
(3) Information about the pupil provided to, or by, the parents or
guardians, as described in subdivision (b) of Section 56381.
(4) The pupil's anticipated needs.
(5) Any other relevant matter.
(e) A regular education teacher of the pupil, who is a member of
the individualized education program team, shall participate,
consistent with Section 1414(d)(1)(C) of Title 20 of the United
States Code, in the review and revision of the individualized
education program of the pupil.
(f) The parent or guardian shall have the right to present
information to the individualized education program team in person or
through a representative and the right to participate in meetings,
relating to eligibility for special education and related services,
recommendations, and program planning.
(g) (1) Notwithstanding Section 632 of the Penal Code, the parent
or guardian or local educational agency shall have the right to audio
record the proceedings of individualized education program team
meetings. The parent or guardian or local educational agency shall
notify the members of the individualized education program team of
his, her, or its intent to audio record a meeting at least 24 hours
prior to the meeting. If the local educational agency initiates the
notice of intent to audio record a meeting and the parent or guardian
objects or refuses to attend the meeting because it will be audio
recorded, the meeting shall not be audio recorded.
(2) The Legislature hereby finds as follows:
(A) Under federal law, audio recordings made by a local
educational agency are subject to the federal Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g), and are
subject to the confidentiality requirements of the regulations under
Sections 300.610 to 300.626, inclusive, of Title 34 of the Code of
Federal Regulations.
(B) Parents or guardians have the right, pursuant to Sections
99.10 to 99.22, inclusive, of Title 34 of the Code of Federal
Regulations, to do all of the following:
(i) Inspect and review the audio recordings.
(ii) Request that the audio recordings be amended if the parent or
guardian believes that they contain information that is inaccurate,
misleading, or in violation of the rights of privacy or other rights
of the individual with exceptional needs.
(iii) Challenge, in a hearing, information that the parent or
guardian believes is inaccurate, misleading, or in violation of the
individual's rights of privacy or other rights.
(h) It is the intent of the Legislature that the individualized
education program team meetings be nonadversarial and convened solely
for the purpose of making educational decisions for the good of the
individual with exceptional needs.
56341.2. (a) In the case of a pupil with exceptional needs who has
been placed in a group home, as defined in subdivision (g) of Section
80001 of Title 22 of the California Code of Regulations, by the
juvenile court pursuant to Section 300, 601, or 602 of the Welfare
and Institutions Code, the district, special education local plan
area, or county office shall invite to the individualized education
program team meetings a representative of the group home.
(b) This section shall not be construed to delay the
individualized education program process or to change the
individualized education program team requirements of subdivision (b)
of Section 56341.
56341.5. (a) Each local educational agency convening a meeting of
the individualized education program team shall take steps to ensure
that no less than one of the parents or guardians of the individual
with exceptional needs are present at each individualized education
program meeting or are afforded the opportunity to participate.
(b) Parents or guardians shall be notified of the individualized
education program meeting early enough to ensure an opportunity to
attend.
(c) The individualized education program meeting shall be
scheduled at a mutually agreed-upon time and place. The notice of the
meeting under subdivision (b) shall indicate the purpose, time, and
location of the meeting and who shall be in attendance. Parents or
guardians also shall be informed in the notice of the right, pursuant
to Section 300.322(b)(1)(ii) of Title 34 of the Code of Federal
Regulations, to bring other people to the meeting who have knowledge
or special expertise regarding the individual with exceptional needs,
and inform the parents of subdivision (i) of Section 56341 relating
to the participation of the infants and toddlers with disabilities
service coordinator under Subchapter III (commencing with Section
1431) of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) at the initial individualized education
program team meeting for a child previously served under the
Subchapter III program.
(d) As part of the participation of an individual with exceptional
needs in the development of an individualized education program, as
required by federal law, the individual with exceptional needs shall
be allowed to provide confidential input to any representative of his
or her individualized education program team.
(e) For an individual with exceptional needs, beginning no later
than the effective date of the individualized education program in
effect when the individual reaches the age of 16 years, or younger if
determined appropriate by the individualized education program team,
the meeting notice also shall indicate that a purpose of the meeting
will be the consideration of the postsecondary goals and transition
services for the individual, pursuant to Section 56345.1 and Section
1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, and the
meeting notice shall indicate that the individual with exceptional
needs is invited to attend. If the pupil does not attend the
individualized education program meeting, the local educational
agency shall take steps to ensure that the preferences and interests
of the pupil are considered in accordance with Section 300.321(b)(2)
of Title 34 of the Code of Federal Regulations.
(f) The local educational agency, to the extent appropriate, with
the consent of the parents or individual with exceptional needs who
has reached the age of majority, and in accordance with Section
300.321(b)(3) of Title 34 of the Code of Federal Regulations, shall
invite a representative of any participating agency that is likely to
be responsible for providing or paying for transition services.
(g) Pursuant to Section 300.322(c) of Title 34 of the Code of
Federal Regulations, if no parent or guardian can attend the meeting,
the local educational agency shall use other methods to ensure
parent or guardian participation, including individual or conference
telephone calls, and consistent with Section 300.328 of Title 34 of
the Code of Federal Regulations, the parent or guardian and the local
educational agency may agree to use alternative means of meeting
participation.
(h) A meeting may be conducted without a parent or guardian in
attendance if the local educational agency is unable to convince the
parent or guardian that he or she should attend. In this event, the
local educational agency shall maintain a record of its attempts to
arrange a mutually agreed-upon time and place, such as:
(1) Detailed records of telephone calls made or attempted and the
results of those calls.
(2) Copies of correspondence sent to the parents or guardians and
any responses received.
(3) Detailed records of visits made to the home or place of
employment of the parent or guardian and the results of those visits.
(i) The local educational agency shall take any action necessary
to ensure that the parent or guardian understands the proceedings at
a meeting, including arranging for an interpreter for parents or
guardians with deafness or whose native language is a language other
than English.
(j) The local educational agency shall give the parent or guardian
a copy of the individualized education program, at no cost to the
parent or guardian.
56342. (a) The individualized education program team shall review
the assessment results, determine eligibility, determine the content
of the individualized education program, consider local
transportation policies and criteria developed pursuant to paragraph
(5) of subdivision (b) of Section 56195.8, and make program placement
recommendations.
(b) In determining the program placement of an individual with
exceptional needs, a local educational agency shall ensure that the
placement decisions and the child's placement are made in accordance
with Sections 300.114 to 300.118, inclusive, of Title 34 of the Code
of Federal Regulations.
56342.1. Before a local educational agency places an individual
with exceptional needs in, or refers an individual to, a nonpublic,
nonsectarian school pursuant to Section 56365, the district, special
education local plan area, or county office of education shall
initiate and conduct a meeting to develop an individualized education
program in accordance with Sections 56341.1 and 56345 and in
accordance with Section 300.325(a) of Title 34 of the Code of Federal
Regulations.
56342.5. A local educational agency shall ensure that the parent of
each individual with exceptional needs is a member of any group that
makes decisions on the educational placement of the individual with
exceptional needs.
56343. An individualized education program team shall meet whenever
any of the following occurs:
(a) A pupil has received an initial formal assessment. The team
may meet when a pupil receives any subsequent formal assessment.
(b) The pupil demonstrates a lack of anticipated progress.
(c) The parent or teacher requests a meeting to develop, review,
or revise the individualized education program.
(d) At least annually, to review the pupil's progress, the
individualized education program, including whether the annual goals
for the pupil are being achieved, and the appropriateness of
placement, and to make any necessary revisions. The individualized
education program team conducting the annual review shall consist of
those persons specified in subdivision (b) of Section 56341. Other
individuals may participate in the annual review if they possess
expertise or knowledge essential for the review.
56343.5. A meeting of an individualized education program team
requested by a parent to review an individualized education program
pursuant to subdivision (c) of Section 56343 shall be held within 30
days, not counting days between the pupil's regular school sessions,
terms, or days of school vacation in excess of five schooldays, from
the date of receipt of the parent's written request. If a parent
makes an oral request, the local educational agency shall notify the
parent of the need for a written request and the procedure for filing
a written request.
56344. (a) An individualized education program required as a result
of an assessment of a pupil shall be developed within a total time
not to exceed 60 days, not counting days between the pupil's regular
school sessions, terms, or days of school vacation in excess of five
schooldays, from the date of receipt of the parent's written consent
for assessment, unless the parent agrees, in writing, to an
extension. However, an individualized education program required as a
result of an assessment of a pupil shall be developed within 30 days
after the commencement of the subsequent regular school year as
determined by each local educational agency's school calendar for
each pupil for whom a referral has been made 30 days or less prior to
the end of the regular school year. In the case of pupil school
vacations, the 60-day time shall recommence on the date that pupil
schooldays reconvene. A meeting to develop an initial individualized
education program for the pupil shall be conducted within 30 days of
a determination that the pupil needs special education and related
services pursuant to Section 300.323(c)(1) of Title 34 of the Code of
Federal Regulations.
(b) Pursuant to Section 300.323(c)(2) of Title 34 of the Code of
Federal Regulations, as soon as possible following development of the
individualized education program, special education and related
services shall be made available to the individual with exceptional
needs in accordance with the individual's individualized education
program.
(c) Each local educational agency shall have an individualized
education program in effect for each individual with exceptional
needs within its jurisdiction at the beginning of each school year in
accordance with subdivision (a) and pursuant to Section 300.323(a)
and (b) of Title 34 of the Code of Federal Regulations.
56345. (a) The individualized education program is a written
statement for each individual with exceptional needs that is
developed, reviewed, and revised in accordance with this section, as
required by Section 1414(d) of Title 20 of the United States Code,
and that includes the following:
(1) A statement of the individual's present levels of academic
achievement and functional performance, including the following:
(A) The manner in which the disability of the individual affects
his or her involvement and progress in the general education
curriculum.
(B) For preschool children, as appropriate, the manner in which
the disability affects his or her participation in appropriate
activities.
(C) For individuals with exceptional needs who take alternate
assessments aligned to alternate achievement standards, a description
of benchmarks or short-term objectives.
(2) A statement of measurable annual goals, including academic and
functional goals, designed to do the following:
(A) Meet the needs of the individual that result from the
disability of the individual to enable the pupil to be involved in
and make progress in the general education curriculum.
(B) Meet each of the other educational needs of the pupil that
result from the disability of the individual.
(3) A description of the manner in which the progress of the pupil
toward meeting the annual goals described in paragraph (2) will be
measured and when periodic reports on the progress the pupil is
making toward meeting the annual goals, such as through the use of
quarterly or other periodic reports, concurrent with the issuance of
report cards, will be provided.
(4) A statement of the special education and related services and
supplementary aids and services, based on peer-reviewed research to
the extent practicable, to be provided to the pupil, or on behalf of
the pupil, and a statement of the program modifications or supports
for school personnel that will be provided to enable the pupil to do
the following:
(A) To advance appropriately toward attaining the annual goals.
(B) To be involved in and make progress in the general education
curriculum in accordance with paragraph (1) and to participate in
extracurricular and other nonacademic activities.
(C) To be educated and participate with other individuals with
exceptional needs and nondisabled pupils in the activities described
in this subdivision.
(5) An explanation of the extent, if any, to which the pupil will
not participate with nondisabled pupils in the regular class and in
the activities described in subparagraph (C) of paragraph (4).
(6) (A) A statement of individual appropriate accommodations that
are necessary to measure the academic achievement and functional
performance of the pupil on state and districtwide assessments
consistent with Section 1412(a)(16)(A) of Title 20 of the United
States Code.
(B) If the individualized education program team determines that
the pupil shall take an alternate assessment instead of a particular
state or districtwide assessment of pupil achievement, a statement of
the following:
(i) The reason why the pupil cannot participate in the regular
assessment.
(ii) The reason why the particular alternate assessment selected
is appropriate for the pupil.
(7) The projected date for the beginning of the services and
modifications described in paragraph (4), and the anticipated
frequency, location, and duration of those services and
modifications.
(8) Beginning not later than the first individualized education
program to be in effect when the pupil is 16 years of age, or younger
if determined appropriate by the individualized education program
team, and updated annually thereafter, the following shall be
included:
(A) Appropriate measurable postsecondary goals based upon
age-appropriate transition assessments related to training,
education, employment, and where appropriate, independent living
skills.
(B) The transition services, as defined in Section 56345.1,
including courses of study, needed to assist the pupil in reaching
those goals.
(b) If appropriate, the individualized education program shall
also include, but not be limited to, all of the following:
(1) For pupils in grades 7 to 12, inclusive, any alternative means
and modes necessary for the pupil to complete the prescribed course
of study of the district and to meet or exceed proficiency standards
for graduation.
(2) For individuals whose native language is other than English,
linguistically appropriate goals, objectives, programs, and services.
(3) Pursuant to Section 300.106 of Title 34 of the Code of Federal
Regulations, extended school year services shall be included in the
individualized education program and provided to the pupil if the
individualized education program team of the pupil determines, on an
individual basis, that the services are necessary for the provision
of a free appropriate public education to the pupil.
(4) Provision for the transition into the regular class program if
the pupil is to be transferred from a special class or nonpublic,
nonsectarian school into a regular class in a public school for any
part of the schoolday, including the following:
(A) A description of activities provided to integrate the pupil
into the regular education program. The description shall indicate
the nature of each activity, and the time spent on the activity each
day or week.
(B) A description of the activities provided to support the
transition of pupils from the special education program into the
regular education program.
(5) For pupils with low-incidence disabilities, specialized
services, materials, and equipment, consistent with guidelines
established pursuant to Section 56136.
(c) It is the intent of the Legislature in requiring
individualized education programs, that the local educational agency
is responsible for providing the services delineated in the
individualized education program. However, the Legislature recognizes
that some pupils may not meet or exceed the growth projected in the
annual goals and objectives of the individualized education program
of the pupil.
(d) Consistent with Section 56000.5 and Section 1414(d)(3)(B)(iv)
of Title 20 of the United States Code, it is the intent of the
Legislature that, in making a determination of the services that
constitute an appropriate education to meet the unique needs of a
deaf or hard-of-hearing pupil in the least restrictive environment,
the individualized education program team shall consider the related
services and program options that provide the pupil with an equal
opportunity for communication access. The individualized education
program team shall specifically discuss the communication needs of
the pupil, consistent with "Deaf Students Education Services Policy
Guidance" (57 Fed. Reg. 49274 (October 1992)), including all of the
following:
(1) The pupil's primary language mode and language, which may
include the use of spoken language with or without visual cues, or
the use of sign language, or a combination of both.
(2) The availability of a sufficient number of age, cognitive, and
language peers of similar abilities, which may be met by
consolidating services into a local plan areawide program or
providing placement pursuant to Section 56361.
(3) Appropriate, direct, and ongoing language access to special
education teachers and other specialists who are proficient in the
pupil's primary language mode and language consistent with existing
law regarding teacher training requirements.
(4) Services necessary to ensure communication-accessible academic
instructions, school services, and extracurricular activities
consistent with the federal Vocational Rehabilitation Act of 1973 (29
U.S.C. Sec. 794 et seq.) and the federal Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(5) In accordance with Section 300.113 of Title 34 of the Code of
Federal Regulations, each public agency shall ensure that hearing
aids worn in school by children with hearing impairments, including
deafness, are functioning properly.
(6) Subject to paragraph (7), each public agency, pursuant to
Section 300.113(b) of Title 34 of the Code of Federal Regulations,
shall ensure that external components of surgically implanted medical
devices are functioning properly.
(7) For a child with a surgically implanted medical device who is
receiving special education and a service under Section 56363, a
public agency is not responsible for the postsurgical maintenance,
programming, or replacement of the medical device that has been
surgically implanted, or of an external component of the surgically
implanted medical device.
(e) State moneys appropriated to districts or local educational
agencies may not be used for any additional responsibilities and
services associated with paragraphs (1) and (2) of subdivision (d),
including the training of special education teachers and other
specialists, even if those additional responsibilities or services
are required pursuant to a judicial or state agency determination.
Those responsibilities and services shall only be funded by a local
educational agency as follows:
(1) The costs of those activities shall be funded from existing
programs and funding sources.
(2) Those activities shall be supported by the resources otherwise
made available to those programs.
(3) Those activities shall be consistent with Sections 56240 to
56243, inclusive.
(f) It is the intent of the Legislature that the communication
skills of teachers who work with hard-of-hearing and deaf children be
improved. This section does not remove the discretionary authority
of the local educational agency in regard to in-service activities.
(g) Beginning not later than one year before the pupil reaches the
age of 18 years, a statement that the pupil has been informed of the
pupil's rights under this part, if any, that will transfer to the
pupil upon reaching the age of 18 years pursuant to Section 56041.5.
(h) The individualized education program team is not required to
include information under one component of a pupil's individualized
education program that is already contained under another component
of the individualized education program.
(i) This section does not require that additional information,
beyond that explicitly required by Section 1414 of Title 20 of the
United States Code and this part, be included in the individualized
education program of a pupil.
56345.1. (a) The term "transition services," as defined in Section
1401(34) of Title 20 of the United States Code and as used in
subparagraph (B) of paragraph (8) of subdivision (a) of Section
56345, means a coordinated set of activities for an individual with
exceptional needs that does all of the following:
(1) Is designed within an results-oriented process, that is
focused on improving the academic and functional achievement of the
individual with exceptional needs to facilitate the movement of the
pupil from school to postschool activities, including postsecondary
education, vocational education, integrated employment, including
supported employment, continuing and adult education, adult services,
independent living, or community participation.
(2) Is based upon the individual needs of the pupil, taking into
account the strengths, preferences, and interests of the pupil.
(3) Includes instruction, related services, community experiences,
the development of employment and other postschool adult living
objectives, and, if appropriate, acquisition of daily living skills
and provision of a functional vocational evaluation.
(b) In accordance with Section 300.43(b) of Title 34 of the Code
of Federal Regulations, transition services for individuals with
exceptional needs may be special education, if provided as specially
designed instruction, or a designated instruction and service, if
required to assist a pupil to benefit from special education.
(c) If a participating agency, other than the local educational
agency, fails to provide the transition services described in the
individualized education program of the pupil in accordance with
Section 1414(d)(6) of Title 20 of the United States Code and
paragraph (8) of subdivision (a) of Section 56345, the local
educational agency shall reconvene the individualized education
program team to identify alternative strategies to meet the
transition service needs for the pupil set out in the program.
56345.2. (a) Pursuant to Section 300.107 of Title 34 of the Code of
Federal Regulations, each public agency shall take steps, including
the provision of supplementary aids and services determined
appropriate and necessary by the individualized education program
team of the individual with exceptional needs, to provide nonacademic
and extracurricular services and activities in the manner necessary
to afford individuals with exceptional needs an equal opportunity for
participation in those services and activities.
(b) Nonacademic and extracurricular services and activities may
include counseling services, athletics, transportation, health
services, recreational activities, special interest groups or clubs
sponsored by the public agency, referrals to agencies that provide
assistance to individuals with exceptional needs, and employment of
pupils, including both employment by the public agency and assistance
in making outside employment available.
(c) Pursuant to Section 300.117 of Title 34 of the Code of Federal
Regulations, each public agency shall ensure that each individual
with exceptional needs participates with nondisabled children in
extracurricular services and activities to the maximum extent
appropriate to the needs of that individual. Each public agency shall
ensure that each individual with exceptional needs has the
supplementary aids and services determined by the individualized
education program team of the individual to be appropriate and
necessary for the individual to participate in nonacademic settings.
56345.5. Except as prescribed in subdivision (b) of Section 56324,
nothing in this part shall be construed to authorize local
educational agencies to prescribe health care services.
56346. (a) A public agency, as defined in Section 56028.5, that is
responsible for making a free appropriate public education and
related services to the child with a disability under this part shall
seek to obtain informed consent from the parent of the child before
providing special education and related services to the child
pursuant to Section 1414(a)(1)(D)(i)(II) of Title 20 of the United
States Code. The public agency shall make reasonable efforts to
obtain informed consent from the parent for the initial provision of
special education and related services to the child in accordance
with Section 300.300(b)(2) of Title 34 of the Code of Federal
Regulations.
(b) If the parent of the child fails to respond or refuses to
consent to the initiation of services pursuant to subdivision (a),
the public agency shall not provide special education and related
services to the child by utilizing the procedures in Section 1415 of
Title 20 of the United States Code or the procedures in subdivision
(e) of Section 56506 in order to obtain agreement or a ruling that
the services may be provided to the child.
(c) If the parent of the child refuses to consent to the initial
provision of special education and related services, or the parent
fails to respond to a request to provide the consent, both of the
following are applicable:
(1) The public agency shall not be considered to be in violation
of the requirement to make available a free appropriate public
education to the child for the failure to provide the child with the
special education and related services for which the public agency
requests consent.
(2) The public agency shall not be required to convene an
individualized education program team meeting or develop an
individualized education program under this part for the child for
the special education and related services for which the public
agency requests consent.
(d) (1) Pursuant to Section 300.300(b)(4) of Title 34 of the Code
of Federal Regulations, if the parent or guardian of a child submits
a written revocation of his or her consent pursuant to this section
at any time subsequent to the initial provision of special education
and related services to the child, the public agency shall not do
either of the following:
(A) Continue to provide special education and related services to
the child, but shall provide prior written notice to the child's
parent or guardian in accordance with Section 56500.4 before ceasing
the provision of the special education and related services.
(B) Use the procedural safeguards specified in Chapter 5
(commencing with Section 56500), including mediation and the due
process complaint procedures, to obtain agreement or a ruling that
the services may be provided to the child.
(2) A public agency shall be deemed in compliance with the
requirement to make a free appropriate public education available to
a child if the agency ceases to provide the child with further
special education and related services pursuant to this subdivision.
A public agency is not required to convene an individualized
education program team meeting or develop an individualized education
program pursuant to this article for the child for further provision
of special education and related services.
(e) If the parent of the child consents in writing to the receipt
of special education and related services for the child but does not
consent to all of the components of the individualized education
program, those components of the program to which the parent has
consented shall be implemented so as not to delay providing
instruction and services to the child.
(f) With the exception of a parent of a child who fails to respond
pursuant to subdivision (b), or refuses to consent to services
pursuant to subdivision (b), if the public agency determines that the
proposed special education program component to which the parent
does not consent is necessary to provide a free appropriate public
education to the child, a due process hearing shall be initiated in
accordance with Section 1415(f) of Title 20 of the United States
Code. If a due process hearing is held, the hearing decision shall be
the final administrative determination and shall be binding upon the
parties. While a resolution session, mediation conference, or due
process hearing is pending, the child shall remain in his or her
current placement, unless the parent and the public agency agree
otherwise.
(g) In accordance with Section 300.300(d)(4)(i) of Title 34 of the
Code of Federal Regulations, if the parent of a child who is home
schooled or placed in a private school by the parents at their own
expense does not provide consent for the initial assessment or the
reassessment, or the parent fails to respond to a request to provide
consent, the public agency shall not use the consent override
procedures described in Section 300.300(a)(3) and (c)(1) of Title 34
of the Code of Federal Regulations. The public agency is not required
to consider the child as eligible for services under Article 5.6
(commencing with Section 56170) of Chapter 2.
56347. A local educational agency, prior to the placement of the
individual with exceptional needs, shall ensure that the regular
teacher or teachers, the special education teacher or teachers, and
other persons who provide special education, related services, or
both to the individual with exceptional needs have access to the
pupil's individualized education program, shall be knowledgeable of
the content of the individualized education program, and shall be
informed of his or her specific responsibilities related to
implementing a pupil's individualized education program and the
specific accommodations, modifications and supports that shall be
provided for the pupil in accordance with the individualized
education program, pursuant to Section 300.323(d) of Title 34 of the
Code of Federal Regulations. A copy of each individualized education
program shall be maintained at each schoolsite where the pupil is
enrolled. Service providers from other agencies who provide
instruction or a related service to the individual off the schoolsite
shall be provided a copy of the individualized education program.
All individualized education programs shall be maintained in
accordance with state and federal pupil record confidentiality laws.
56340. A local educational agency shall initiate and conduct
meetings for the purposes of developing, reviewing, and revising the
individualized education program of each individual with exceptional
needs in accordance with Section 300.323(c) of Title 34 of the Code
of Federal Regulations.
56340.1. All instructional planning procedures for individuals with
exceptional needs who are younger than three years of age shall be
provided pursuant to Chapter 4.4 (commencing with Section 56425) and
the California Early Intervention Services Act, Title 14 (commencing
with Section 95000) of the Government Code.
56341. (a) Each meeting to develop, review, or revise the
individualized education program of an individual with exceptional
needs shall be conducted by an individualized education program team.
(b) The individualized education program team shall include all of
the following:
(1) One or both of the pupil's parents, a representative selected
by a parent, or both, in accordance with the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(2) Not less than one regular education teacher of the pupil, if
the pupil is, or may be, participating in the regular education
environment. If more than one regular education teacher is providing
instructional services to the individual with exceptional needs, one
regular education teacher may be designated by the local educational
agency to represent the others.
The regular education teacher of an individual with exceptional
needs, to the extent appropriate, shall participate in the
development, review, and revision of the pupil's individualized
education program, including assisting in the determination of
appropriate positive behavioral interventions and supports, and other
strategies for the pupil, and the determination of supplementary
aids and services, program modifications, and supports for school
personnel that will be provided for the pupil, consistent with
Section 1414(d)(1)(A)(i)(IV) of Title 20 of the United States Code.
(3) Not less than one special education teacher of the pupil, or
if appropriate, not less than one special education provider of the
pupil.
(4) A representative of the local educational agency who meets all
of the following:
(A) Is qualified to provide, or supervise the provision of,
specially designed instruction to meet the unique needs of
individuals with exceptional needs.
(B) Is knowledgeable about the general education curriculum.
(C) Is knowledgeable about the availability of resources of the
local educational agency.
(5) An individual who can interpret the instructional implications
of the assessment results. The individual may be a member of the
team described in paragraphs (2) to (6), inclusive.
(6) At the discretion of the parent, guardian, or the local
educational agency, other individuals who have knowledge or special
expertise regarding the pupil, including related services personnel,
as appropriate. The determination of whether the individual has
knowledge or special expertise regarding the pupil shall be made by
the party who invites the individual to be a member of the
individualized education program team.
(7) Whenever appropriate, the individual with exceptional needs.
(c) In accordance with Sections 300.308 and 300.310 of Title 34 of
the Code of Federal Regulations, for a pupil suspected of having a
specific learning disability, at least one member of the
individualized education program team shall be qualified to conduct
individual diagnostic examinations of children, such as a school
psychologist, speech-language pathologist, or remedial reading
teacher. In accordance with Section 300.310 of Title 34 of the Code
of Federal Regulations, at least one team member shall observe the
pupil's academic performance and behavior in the areas of difficulty
in the pupil's learning environment, including in the regular
classroom setting. In the case of a child who is less than schoolage
or out of school, a team member shall observe the child in an
environment appropriate for a child of that age.
(d) (1) The local educational agency shall invite an individual
with exceptional needs to attend his or her individualized education
program meeting if a purpose of the meeting will be the consideration
of the postsecondary goals for the individual and the needed
transition services for the individual to assist the individual in
reaching those goals under subparagraphs (A) and (B) of paragraph (8)
of subdivision (a) of Section 56345.
(2) If the individual with exceptional needs does not attend the
individualized education program meeting, the local educational
agency shall take steps to ensure that the individual's preferences
and interests are considered.
(3) To the extent appropriate, with the consent of the parents or
an individual with exceptional needs who has reached the age of
majority, in implementing the requirements of paragraph (1), the
local educational agency shall invite a representative of a
participating agency that is likely to be responsible for providing
or paying for transition services.
(e) A local educational agency may designate another local
educational agency member of the individualized education program
team to serve also as the representative required pursuant to
paragraph (4) of subdivision (b) if the requirements of subparagraphs
(A), (B), and (C) of paragraph (4) of subdivision (b) are met.
(f) A member of the individualized education program team
described in paragraphs (2) to (5), inclusive, of subdivision (b)
shall not be required to attend an individualized education program
meeting, in whole or in part, if the parent of the individual with
exceptional needs and the local educational agency agree, in writing,
that the attendance of the member is not necessary because the
member's area of the curriculum or related services is not being
modified or discussed in the meeting.
(g) A member of the individualized education program team
described in subdivision (f) may be excused from attending an
individualized education program meeting, in whole or in part, when
the meeting involves a modification to or discussion of the member's
area of the curriculum or related services, if both of the following
occur:
(1) The parent, in writing, and the local educational agency
consent to the excusal after conferring with the member.
(2) The member submits, in writing, to the parent and the
individualized education program team input into the development of
the individualized education program prior to the meeting.
(h) A parent's agreement under subdivision (f) and consent under
subdivision (g) shall be in writing.
(i) In the case of a child who was previously served under Chapter
4.4 (commencing with Section 56425), Early Education for Individuals
with Exceptional Needs, or the California Early Intervention
Services Act under Title 14 (commencing with Section 95000) of the
Government Code, an invitation to the initial individualized
education program team meeting shall, at the request of the parent,
be sent to the infants and toddlers with disabilities service
coordinator, as described in Subchapter III (commencing with Section
1431) of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.), or other representatives of the early
education or early intervention system to assist with the smooth
transition of services.
56341.1. (a) When developing each pupil's individualized education
program, the individualized education program team shall consider the
following:
(1) The strengths of the pupil.
(2) The concerns of the parents or guardians for enhancing the
education of the pupil.
(3) The results of the initial assessment or most recent
assessment of the pupil.
(4) The academic, developmental, and functional needs of the
child.
(b) The individualized education program team shall do the
following:
(1) In the case of a pupil whose behavior impedes his or her
learning or that of others, consider the use of positive behavioral
interventions and supports, and other strategies, to address that
behavior.
(2) In the case of a pupil with limited English proficiency,
consider the language needs of the pupil as those needs relate to the
pupil's individualized education program.
(3) In the case of a pupil who is blind or visually impaired,
provide for instruction in braille, and the use of braille, unless
the individualized education program team determines, after an
assessment of the pupil's reading and writing skills, needs, and
appropriate reading and writing media, including an assessment of the
pupil's future needs for instruction in braille or the use of
braille, that instruction in braille or the use of braille is not
appropriate for the pupil.
(4) Consider the communication needs of the pupil, and in the case
of a pupil who is deaf or hard of hearing, consider the pupil's
language and communication needs, opportunities for direct
communications with peers and professional personnel in the pupil's
language and communication mode, academic level, and full range of
needs, including opportunities for direct instruction in the pupil's
language and communication mode.
(5) Consider whether the pupil requires assistive technology
devices and services as defined in Section 1401(1) and (2) of Title
20 of the United States Code.
(c) If, in considering the special factors described in
subdivisions (a) and (b), the individualized education program team
determines that a pupil needs a particular device or service,
including an intervention, accommodation, or other program
modification, in order for the pupil to receive a free appropriate
public education, the individualized education program team shall
include a statement to that effect in the pupil's individualized
education program.
(d) The individualized education program team shall review the
pupil's individualized education program periodically, but not less
frequently than annually, to determine whether the annual goals for
the pupil are being achieved, and revise the individualized education
program, as appropriate, to address, among other matters, the
following:
(1) A lack of expected progress toward the annual goals and in the
general education curriculum, where appropriate.
(2) The results of any reassessment conducted pursuant to Section
56381.
(3) Information about the pupil provided to, or by, the parents or
guardians, as described in subdivision (b) of Section 56381.
(4) The pupil's anticipated needs.
(5) Any other relevant matter.
(e) A regular education teacher of the pupil, who is a member of
the individualized education program team, shall participate,
consistent with Section 1414(d)(1)(C) of Title 20 of the United
States Code, in the review and revision of the individualized
education program of the pupil.
(f) The parent or guardian shall have the right to present
information to the individualized education program team in person or
through a representative and the right to participate in meetings,
relating to eligibility for special education and related services,
recommendations, and program planning.
(g) (1) Notwithstanding Section 632 of the Penal Code, the parent
or guardian or local educational agency shall have the right to audio
record the proceedings of individualized education program team
meetings. The parent or guardian or local educational agency shall
notify the members of the individualized education program team of
his, her, or its intent to audio record a meeting at least 24 hours
prior to the meeting. If the local educational agency initiates the
notice of intent to audio record a meeting and the parent or guardian
objects or refuses to attend the meeting because it will be audio
recorded, the meeting shall not be audio recorded.
(2) The Legislature hereby finds as follows:
(A) Under federal law, audio recordings made by a local
educational agency are subject to the federal Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g), and are
subject to the confidentiality requirements of the regulations under
Sections 300.610 to 300.626, inclusive, of Title 34 of the Code of
Federal Regulations.
(B) Parents or guardians have the right, pursuant to Sections
99.10 to 99.22, inclusive, of Title 34 of the Code of Federal
Regulations, to do all of the following:
(i) Inspect and review the audio recordings.
(ii) Request that the audio recordings be amended if the parent or
guardian believes that they contain information that is inaccurate,
misleading, or in violation of the rights of privacy or other rights
of the individual with exceptional needs.
(iii) Challenge, in a hearing, information that the parent or
guardian believes is inaccurate, misleading, or in violation of the
individual's rights of privacy or other rights.
(h) It is the intent of the Legislature that the individualized
education program team meetings be nonadversarial and convened solely
for the purpose of making educational decisions for the good of the
individual with exceptional needs.
56341.2. (a) In the case of a pupil with exceptional needs who has
been placed in a group home, as defined in subdivision (g) of Section
80001 of Title 22 of the California Code of Regulations, by the
juvenile court pursuant to Section 300, 601, or 602 of the Welfare
and Institutions Code, the district, special education local plan
area, or county office shall invite to the individualized education
program team meetings a representative of the group home.
(b) This section shall not be construed to delay the
individualized education program process or to change the
individualized education program team requirements of subdivision (b)
of Section 56341.
56341.5. (a) Each local educational agency convening a meeting of
the individualized education program team shall take steps to ensure
that no less than one of the parents or guardians of the individual
with exceptional needs are present at each individualized education
program meeting or are afforded the opportunity to participate.
(b) Parents or guardians shall be notified of the individualized
education program meeting early enough to ensure an opportunity to
attend.
(c) The individualized education program meeting shall be
scheduled at a mutually agreed-upon time and place. The notice of the
meeting under subdivision (b) shall indicate the purpose, time, and
location of the meeting and who shall be in attendance. Parents or
guardians also shall be informed in the notice of the right, pursuant
to Section 300.322(b)(1)(ii) of Title 34 of the Code of Federal
Regulations, to bring other people to the meeting who have knowledge
or special expertise regarding the individual with exceptional needs,
and inform the parents of subdivision (i) of Section 56341 relating
to the participation of the infants and toddlers with disabilities
service coordinator under Subchapter III (commencing with Section
1431) of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) at the initial individualized education
program team meeting for a child previously served under the
Subchapter III program.
(d) As part of the participation of an individual with exceptional
needs in the development of an individualized education program, as
required by federal law, the individual with exceptional needs shall
be allowed to provide confidential input to any representative of his
or her individualized education program team.
(e) For an individual with exceptional needs, beginning no later
than the effective date of the individualized education program in
effect when the individual reaches the age of 16 years, or younger if
determined appropriate by the individualized education program team,
the meeting notice also shall indicate that a purpose of the meeting
will be the consideration of the postsecondary goals and transition
services for the individual, pursuant to Section 56345.1 and Section
1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, and the
meeting notice shall indicate that the individual with exceptional
needs is invited to attend. If the pupil does not attend the
individualized education program meeting, the local educational
agency shall take steps to ensure that the preferences and interests
of the pupil are considered in accordance with Section 300.321(b)(2)
of Title 34 of the Code of Federal Regulations.
(f) The local educational agency, to the extent appropriate, with
the consent of the parents or individual with exceptional needs who
has reached the age of majority, and in accordance with Section
300.321(b)(3) of Title 34 of the Code of Federal Regulations, shall
invite a representative of any participating agency that is likely to
be responsible for providing or paying for transition services.
(g) Pursuant to Section 300.322(c) of Title 34 of the Code of
Federal Regulations, if no parent or guardian can attend the meeting,
the local educational agency shall use other methods to ensure
parent or guardian participation, including individual or conference
telephone calls, and consistent with Section 300.328 of Title 34 of
the Code of Federal Regulations, the parent or guardian and the local
educational agency may agree to use alternative means of meeting
participation.
(h) A meeting may be conducted without a parent or guardian in
attendance if the local educational agency is unable to convince the
parent or guardian that he or she should attend. In this event, the
local educational agency shall maintain a record of its attempts to
arrange a mutually agreed-upon time and place, such as:
(1) Detailed records of telephone calls made or attempted and the
results of those calls.
(2) Copies of correspondence sent to the parents or guardians and
any responses received.
(3) Detailed records of visits made to the home or place of
employment of the parent or guardian and the results of those visits.
(i) The local educational agency shall take any action necessary
to ensure that the parent or guardian understands the proceedings at
a meeting, including arranging for an interpreter for parents or
guardians with deafness or whose native language is a language other
than English.
(j) The local educational agency shall give the parent or guardian
a copy of the individualized education program, at no cost to the
parent or guardian.
56342. (a) The individualized education program team shall review
the assessment results, determine eligibility, determine the content
of the individualized education program, consider local
transportation policies and criteria developed pursuant to paragraph
(5) of subdivision (b) of Section 56195.8, and make program placement
recommendations.
(b) In determining the program placement of an individual with
exceptional needs, a local educational agency shall ensure that the
placement decisions and the child's placement are made in accordance
with Sections 300.114 to 300.118, inclusive, of Title 34 of the Code
of Federal Regulations.
56342.1. Before a local educational agency places an individual
with exceptional needs in, or refers an individual to, a nonpublic,
nonsectarian school pursuant to Section 56365, the district, special
education local plan area, or county office of education shall
initiate and conduct a meeting to develop an individualized education
program in accordance with Sections 56341.1 and 56345 and in
accordance with Section 300.325(a) of Title 34 of the Code of Federal
Regulations.
56342.5. A local educational agency shall ensure that the parent of
each individual with exceptional needs is a member of any group that
makes decisions on the educational placement of the individual with
exceptional needs.
56343. An individualized education program team shall meet whenever
any of the following occurs:
(a) A pupil has received an initial formal assessment. The team
may meet when a pupil receives any subsequent formal assessment.
(b) The pupil demonstrates a lack of anticipated progress.
(c) The parent or teacher requests a meeting to develop, review,
or revise the individualized education program.
(d) At least annually, to review the pupil's progress, the
individualized education program, including whether the annual goals
for the pupil are being achieved, and the appropriateness of
placement, and to make any necessary revisions. The individualized
education program team conducting the annual review shall consist of
those persons specified in subdivision (b) of Section 56341. Other
individuals may participate in the annual review if they possess
expertise or knowledge essential for the review.
56343.5. A meeting of an individualized education program team
requested by a parent to review an individualized education program
pursuant to subdivision (c) of Section 56343 shall be held within 30
days, not counting days between the pupil's regular school sessions,
terms, or days of school vacation in excess of five schooldays, from
the date of receipt of the parent's written request. If a parent
makes an oral request, the local educational agency shall notify the
parent of the need for a written request and the procedure for filing
a written request.
56344. (a) An individualized education program required as a result
of an assessment of a pupil shall be developed within a total time
not to exceed 60 days, not counting days between the pupil's regular
school sessions, terms, or days of school vacation in excess of five
schooldays, from the date of receipt of the parent's written consent
for assessment, unless the parent agrees, in writing, to an
extension. However, an individualized education program required as a
result of an assessment of a pupil shall be developed within 30 days
after the commencement of the subsequent regular school year as
determined by each local educational agency's school calendar for
each pupil for whom a referral has been made 30 days or less prior to
the end of the regular school year. In the case of pupil school
vacations, the 60-day time shall recommence on the date that pupil
schooldays reconvene. A meeting to develop an initial individualized
education program for the pupil shall be conducted within 30 days of
a determination that the pupil needs special education and related
services pursuant to Section 300.323(c)(1) of Title 34 of the Code of
Federal Regulations.
(b) Pursuant to Section 300.323(c)(2) of Title 34 of the Code of
Federal Regulations, as soon as possible following development of the
individualized education program, special education and related
services shall be made available to the individual with exceptional
needs in accordance with the individual's individualized education
program.
(c) Each local educational agency shall have an individualized
education program in effect for each individual with exceptional
needs within its jurisdiction at the beginning of each school year in
accordance with subdivision (a) and pursuant to Section 300.323(a)
and (b) of Title 34 of the Code of Federal Regulations.
56345. (a) The individualized education program is a written
statement for each individual with exceptional needs that is
developed, reviewed, and revised in accordance with this section, as
required by Section 1414(d) of Title 20 of the United States Code,
and that includes the following:
(1) A statement of the individual's present levels of academic
achievement and functional performance, including the following:
(A) The manner in which the disability of the individual affects
his or her involvement and progress in the general education
curriculum.
(B) For preschool children, as appropriate, the manner in which
the disability affects his or her participation in appropriate
activities.
(C) For individuals with exceptional needs who take alternate
assessments aligned to alternate achievement standards, a description
of benchmarks or short-term objectives.
(2) A statement of measurable annual goals, including academic and
functional goals, designed to do the following:
(A) Meet the needs of the individual that result from the
disability of the individual to enable the pupil to be involved in
and make progress in the general education curriculum.
(B) Meet each of the other educational needs of the pupil that
result from the disability of the individual.
(3) A description of the manner in which the progress of the pupil
toward meeting the annual goals described in paragraph (2) will be
measured and when periodic reports on the progress the pupil is
making toward meeting the annual goals, such as through the use of
quarterly or other periodic reports, concurrent with the issuance of
report cards, will be provided.
(4) A statement of the special education and related services and
supplementary aids and services, based on peer-reviewed research to
the extent practicable, to be provided to the pupil, or on behalf of
the pupil, and a statement of the program modifications or supports
for school personnel that will be provided to enable the pupil to do
the following:
(A) To advance appropriately toward attaining the annual goals.
(B) To be involved in and make progress in the general education
curriculum in accordance with paragraph (1) and to participate in
extracurricular and other nonacademic activities.
(C) To be educated and participate with other individuals with
exceptional needs and nondisabled pupils in the activities described
in this subdivision.
(5) An explanation of the extent, if any, to which the pupil will
not participate with nondisabled pupils in the regular class and in
the activities described in subparagraph (C) of paragraph (4).
(6) (A) A statement of individual appropriate accommodations that
are necessary to measure the academic achievement and functional
performance of the pupil on state and districtwide assessments
consistent with Section 1412(a)(16)(A) of Title 20 of the United
States Code.
(B) If the individualized education program team determines that
the pupil shall take an alternate assessment instead of a particular
state or districtwide assessment of pupil achievement, a statement of
the following:
(i) The reason why the pupil cannot participate in the regular
assessment.
(ii) The reason why the particular alternate assessment selected
is appropriate for the pupil.
(7) The projected date for the beginning of the services and
modifications described in paragraph (4), and the anticipated
frequency, location, and duration of those services and
modifications.
(8) Beginning not later than the first individualized education
program to be in effect when the pupil is 16 years of age, or younger
if determined appropriate by the individualized education program
team, and updated annually thereafter, the following shall be
included:
(A) Appropriate measurable postsecondary goals based upon
age-appropriate transition assessments related to training,
education, employment, and where appropriate, independent living
skills.
(B) The transition services, as defined in Section 56345.1,
including courses of study, needed to assist the pupil in reaching
those goals.
(b) If appropriate, the individualized education program shall
also include, but not be limited to, all of the following:
(1) For pupils in grades 7 to 12, inclusive, any alternative means
and modes necessary for the pupil to complete the prescribed course
of study of the district and to meet or exceed proficiency standards
for graduation.
(2) For individuals whose native language is other than English,
linguistically appropriate goals, objectives, programs, and services.
(3) Pursuant to Section 300.106 of Title 34 of the Code of Federal
Regulations, extended school year services shall be included in the
individualized education program and provided to the pupil if the
individualized education program team of the pupil determines, on an
individual basis, that the services are necessary for the provision
of a free appropriate public education to the pupil.
(4) Provision for the transition into the regular class program if
the pupil is to be transferred from a special class or nonpublic,
nonsectarian school into a regular class in a public school for any
part of the schoolday, including the following:
(A) A description of activities provided to integrate the pupil
into the regular education program. The description shall indicate
the nature of each activity, and the time spent on the activity each
day or week.
(B) A description of the activities provided to support the
transition of pupils from the special education program into the
regular education program.
(5) For pupils with low-incidence disabilities, specialized
services, materials, and equipment, consistent with guidelines
established pursuant to Section 56136.
(c) It is the intent of the Legislature in requiring
individualized education programs, that the local educational agency
is responsible for providing the services delineated in the
individualized education program. However, the Legislature recognizes
that some pupils may not meet or exceed the growth projected in the
annual goals and objectives of the individualized education program
of the pupil.
(d) Consistent with Section 56000.5 and Section 1414(d)(3)(B)(iv)
of Title 20 of the United States Code, it is the intent of the
Legislature that, in making a determination of the services that
constitute an appropriate education to meet the unique needs of a
deaf or hard-of-hearing pupil in the least restrictive environment,
the individualized education program team shall consider the related
services and program options that provide the pupil with an equal
opportunity for communication access. The individualized education
program team shall specifically discuss the communication needs of
the pupil, consistent with "Deaf Students Education Services Policy
Guidance" (57 Fed. Reg. 49274 (October 1992)), including all of the
following:
(1) The pupil's primary language mode and language, which may
include the use of spoken language with or without visual cues, or
the use of sign language, or a combination of both.
(2) The availability of a sufficient number of age, cognitive, and
language peers of similar abilities, which may be met by
consolidating services into a local plan areawide program or
providing placement pursuant to Section 56361.
(3) Appropriate, direct, and ongoing language access to special
education teachers and other specialists who are proficient in the
pupil's primary language mode and language consistent with existing
law regarding teacher training requirements.
(4) Services necessary to ensure communication-accessible academic
instructions, school services, and extracurricular activities
consistent with the federal Vocational Rehabilitation Act of 1973 (29
U.S.C. Sec. 794 et seq.) and the federal Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(5) In accordance with Section 300.113 of Title 34 of the Code of
Federal Regulations, each public agency shall ensure that hearing
aids worn in school by children with hearing impairments, including
deafness, are functioning properly.
(6) Subject to paragraph (7), each public agency, pursuant to
Section 300.113(b) of Title 34 of the Code of Federal Regulations,
shall ensure that external components of surgically implanted medical
devices are functioning properly.
(7) For a child with a surgically implanted medical device who is
receiving special education and a service under Section 56363, a
public agency is not responsible for the postsurgical maintenance,
programming, or replacement of the medical device that has been
surgically implanted, or of an external component of the surgically
implanted medical device.
(e) State moneys appropriated to districts or local educational
agencies may not be used for any additional responsibilities and
services associated with paragraphs (1) and (2) of subdivision (d),
including the training of special education teachers and other
specialists, even if those additional responsibilities or services
are required pursuant to a judicial or state agency determination.
Those responsibilities and services shall only be funded by a local
educational agency as follows:
(1) The costs of those activities shall be funded from existing
programs and funding sources.
(2) Those activities shall be supported by the resources otherwise
made available to those programs.
(3) Those activities shall be consistent with Sections 56240 to
56243, inclusive.
(f) It is the intent of the Legislature that the communication
skills of teachers who work with hard-of-hearing and deaf children be
improved. This section does not remove the discretionary authority
of the local educational agency in regard to in-service activities.
(g) Beginning not later than one year before the pupil reaches the
age of 18 years, a statement that the pupil has been informed of the
pupil's rights under this part, if any, that will transfer to the
pupil upon reaching the age of 18 years pursuant to Section 56041.5.
(h) The individualized education program team is not required to
include information under one component of a pupil's individualized
education program that is already contained under another component
of the individualized education program.
(i) This section does not require that additional information,
beyond that explicitly required by Section 1414 of Title 20 of the
United States Code and this part, be included in the individualized
education program of a pupil.
56345.1. (a) The term "transition services," as defined in Section
1401(34) of Title 20 of the United States Code and as used in
subparagraph (B) of paragraph (8) of subdivision (a) of Section
56345, means a coordinated set of activities for an individual with
exceptional needs that does all of the following:
(1) Is designed within an results-oriented process, that is
focused on improving the academic and functional achievement of the
individual with exceptional needs to facilitate the movement of the
pupil from school to postschool activities, including postsecondary
education, vocational education, integrated employment, including
supported employment, continuing and adult education, adult services,
independent living, or community participation.
(2) Is based upon the individual needs of the pupil, taking into
account the strengths, preferences, and interests of the pupil.
(3) Includes instruction, related services, community experiences,
the development of employment and other postschool adult living
objectives, and, if appropriate, acquisition of daily living skills
and provision of a functional vocational evaluation.
(b) In accordance with Section 300.43(b) of Title 34 of the Code
of Federal Regulations, transition services for individuals with
exceptional needs may be special education, if provided as specially
designed instruction, or a designated instruction and service, if
required to assist a pupil to benefit from special education.
(c) If a participating agency, other than the local educational
agency, fails to provide the transition services described in the
individualized education program of the pupil in accordance with
Section 1414(d)(6) of Title 20 of the United States Code and
paragraph (8) of subdivision (a) of Section 56345, the local
educational agency shall reconvene the individualized education
program team to identify alternative strategies to meet the
transition service needs for the pupil set out in the program.
56345.2. (a) Pursuant to Section 300.107 of Title 34 of the Code of
Federal Regulations, each public agency shall take steps, including
the provision of supplementary aids and services determined
appropriate and necessary by the individualized education program
team of the individual with exceptional needs, to provide nonacademic
and extracurricular services and activities in the manner necessary
to afford individuals with exceptional needs an equal opportunity for
participation in those services and activities.
(b) Nonacademic and extracurricular services and activities may
include counseling services, athletics, transportation, health
services, recreational activities, special interest groups or clubs
sponsored by the public agency, referrals to agencies that provide
assistance to individuals with exceptional needs, and employment of
pupils, including both employment by the public agency and assistance
in making outside employment available.
(c) Pursuant to Section 300.117 of Title 34 of the Code of Federal
Regulations, each public agency shall ensure that each individual
with exceptional needs participates with nondisabled children in
extracurricular services and activities to the maximum extent
appropriate to the needs of that individual. Each public agency shall
ensure that each individual with exceptional needs has the
supplementary aids and services determined by the individualized
education program team of the individual to be appropriate and
necessary for the individual to participate in nonacademic settings.
56345.5. Except as prescribed in subdivision (b) of Section 56324,
nothing in this part shall be construed to authorize local
educational agencies to prescribe health care services.
56346. (a) A public agency, as defined in Section 56028.5, that is
responsible for making a free appropriate public education and
related services to the child with a disability under this part shall
seek to obtain informed consent from the parent of the child before
providing special education and related services to the child
pursuant to Section 1414(a)(1)(D)(i)(II) of Title 20 of the United
States Code. The public agency shall make reasonable efforts to
obtain informed consent from the parent for the initial provision of
special education and related services to the child in accordance
with Section 300.300(b)(2) of Title 34 of the Code of Federal
Regulations.
(b) If the parent of the child fails to respond or refuses to
consent to the initiation of services pursuant to subdivision (a),
the public agency shall not provide special education and related
services to the child by utilizing the procedures in Section 1415 of
Title 20 of the United States Code or the procedures in subdivision
(e) of Section 56506 in order to obtain agreement or a ruling that
the services may be provided to the child.
(c) If the parent of the child refuses to consent to the initial
provision of special education and related services, or the parent
fails to respond to a request to provide the consent, both of the
following are applicable:
(1) The public agency shall not be considered to be in violation
of the requirement to make available a free appropriate public
education to the child for the failure to provide the child with the
special education and related services for which the public agency
requests consent.
(2) The public agency shall not be required to convene an
individualized education program team meeting or develop an
individualized education program under this part for the child for
the special education and related services for which the public
agency requests consent.
(d) (1) Pursuant to Section 300.300(b)(4) of Title 34 of the Code
of Federal Regulations, if the parent or guardian of a child submits
a written revocation of his or her consent pursuant to this section
at any time subsequent to the initial provision of special education
and related services to the child, the public agency shall not do
either of the following:
(A) Continue to provide special education and related services to
the child, but shall provide prior written notice to the child's
parent or guardian in accordance with Section 56500.4 before ceasing
the provision of the special education and related services.
(B) Use the procedural safeguards specified in Chapter 5
(commencing with Section 56500), including mediation and the due
process complaint procedures, to obtain agreement or a ruling that
the services may be provided to the child.
(2) A public agency shall be deemed in compliance with the
requirement to make a free appropriate public education available to
a child if the agency ceases to provide the child with further
special education and related services pursuant to this subdivision.
A public agency is not required to convene an individualized
education program team meeting or develop an individualized education
program pursuant to this article for the child for further provision
of special education and related services.
(e) If the parent of the child consents in writing to the receipt
of special education and related services for the child but does not
consent to all of the components of the individualized education
program, those components of the program to which the parent has
consented shall be implemented so as not to delay providing
instruction and services to the child.
(f) With the exception of a parent of a child who fails to respond
pursuant to subdivision (b), or refuses to consent to services
pursuant to subdivision (b), if the public agency determines that the
proposed special education program component to which the parent
does not consent is necessary to provide a free appropriate public
education to the child, a due process hearing shall be initiated in
accordance with Section 1415(f) of Title 20 of the United States
Code. If a due process hearing is held, the hearing decision shall be
the final administrative determination and shall be binding upon the
parties. While a resolution session, mediation conference, or due
process hearing is pending, the child shall remain in his or her
current placement, unless the parent and the public agency agree
otherwise.
(g) In accordance with Section 300.300(d)(4)(i) of Title 34 of the
Code of Federal Regulations, if the parent of a child who is home
schooled or placed in a private school by the parents at their own
expense does not provide consent for the initial assessment or the
reassessment, or the parent fails to respond to a request to provide
consent, the public agency shall not use the consent override
procedures described in Section 300.300(a)(3) and (c)(1) of Title 34
of the Code of Federal Regulations. The public agency is not required
to consider the child as eligible for services under Article 5.6
(commencing with Section 56170) of Chapter 2.
56347. A local educational agency, prior to the placement of the
individual with exceptional needs, shall ensure that the regular
teacher or teachers, the special education teacher or teachers, and
other persons who provide special education, related services, or
both to the individual with exceptional needs have access to the
pupil's individualized education program, shall be knowledgeable of
the content of the individualized education program, and shall be
informed of his or her specific responsibilities related to
implementing a pupil's individualized education program and the
specific accommodations, modifications and supports that shall be
provided for the pupil in accordance with the individualized
education program, pursuant to Section 300.323(d) of Title 34 of the
Code of Federal Regulations. A copy of each individualized education
program shall be maintained at each schoolsite where the pupil is
enrolled. Service providers from other agencies who provide
instruction or a related service to the individual off the schoolsite
shall be provided a copy of the individualized education program.
All individualized education programs shall be maintained in
accordance with state and federal pupil record confidentiality laws.
