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NEW LAWS

July 1, 2014
§ 3042. Placement.
(a) Specific educational placement means that unique combination of facilities, personnel, location or equipment necessary to provide instructional services to an individual with exceptional needs, as specified in the IEP, in any one or a combination of public, private, home and hospital, or residential settings.

(b) The IEP team shall document its rationale for placement in other than the pupil's school and classroom in which the pupil would otherwise attend if the pupil were not disabled. The documentation shall indicate why the pupil's disability prevents his or her needs from being met in a less restrictive environment even with the use of supplementary aids and services.

Note: Authority cited: Section 56100, Education Code. Reference: Sections 56342 and 56361, Education Code.

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§ 3030. Eligibility Criteria.

(a) A child shall qualify as an individual with exceptional needs, pursuant to Education Code section 56026, if the results of the assessment as required by Education Code section 56320 demonstrate that the degree of the child's impairment as described in subdivisions (b)(1) through (b)(13) requires special education in one or more of the program options authorized by Education Code section 56361.

The decision as to whether or not the assessment results demonstrate that the degree of the child's impairment requires special education shall be made by the IEP team, including personnel in accordance with Education Code section 56341(b). The IEP team shall take into account all the relevant material which is available on the child. No single score or product of scores shall be used as the sole criterion for the decision of the IEP team as to the child's eligibility for special education.


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§ 3040. Individualized Education Program Implementation.

(a) The LEA shall give the parent or guardian a copy of the IEP in his or her primary language at his or her request.
(b) The IEP shall show a direct relationship between the present levels of performance, the goals and objectives, and the specific educational services to be provided.
Note: Authority cited: Section 56100, Education Code. Reference: Section 56341, Education Code; and 34 C.F.R. Sections 300.342 - 300.345.
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