SECTIONS 56100-56101 - California Statutes

EDUCATION CODE

SECTION 56100-56101

56100. The board shall do all of the following:
(a) Adopt rules and regulations necessary for the efficient
administration of this part.
(b) Adopt criteria and procedures for the review and approval by
the board of local plans.
(c) Adopt size and scope standards for determining the efficacy of
local plans submitted by special education local plan areas,
pursuant to subdivision (a) of Section 56195.1.
(d) Provide review, upon petition, to a local educational agency
that appeals a decision made by the department that affects its
providing services under this part except a decision made pursuant to
Chapter 5 (commencing with Section 56500).
(e) Review and approve a program evaluation plan for special
education programs provided by this part in accordance with Chapter 6
(commencing with Section 56600). This plan may be approved for up to
three years.
(f) Recommend to the Commission on Teacher Credentialing the
adoption of standards for the certification of professional personnel
for special education programs conducted pursuant to this part.
(g) Adopt regulations to provide specific procedural criteria and
guidelines for the identification of pupils as individuals with
exceptional needs.
(h) Adopt guidelines of reasonable pupil progress and achievement
for individuals with exceptional needs. The guidelines shall be
developed to aid teachers and parents or guardians in assessing a
pupil's individualized education program and the appropriateness of
the special education services.
(i) In accordance with the requirements of federal law, adopt
regulations for all individualized education programs for individuals
with exceptional needs, including programs administered by other
state or local agencies.
(j) Adopt uniform rules and regulations relating to parental due
process rights in the area of special education.
(k) Adopt rules and regulations regarding the ownership and
transfer of materials and equipment, including facilities, related to
transfer of programs, reorganization, or restructuring of special
education local plan areas.

56101. (a) A public agency, as defined in Section 56028.5, may
request the board to grant a waiver of any provision of this code or
regulations adopted pursuant to that provision if the waiver is
necessary or beneficial to the content and implementation of the
pupil's individualized education program and does not abrogate any
right provided individuals with exceptional needs and their parents
or guardians under the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.), or affect the compliance
of a local educational agency with the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504
of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), and
federal regulations relating thereto.
(b) The board may grant, in whole or in part, any request pursuant
to subdivision (a) when the facts indicate that failure to do so
would hinder implementation of the pupil's individualized education
program or compliance by a local educational agency with federal
mandates for a free appropriate public education for children or
youth with disabilities.