CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2784Introduced by Assembly Member GabrielFebruary 15, 2024 An act to amend Section 56366.2 of the Education Code, relating to special education.LEGISLATIVE COUNSEL'S DIGESTAB 2784, as introduced, Gabriel. Special education: nonpublic, nonsectarian schools: waivers.Existing law authorizes a local educational agency, nonpublic, nonsectarian school, or nonpublic, nonsectarian agency to petition the Superintendent of Public Instruction to waive specified laws relating to special education services for pupils provided by nonpublic, nonsectarian schools.This bill would make nonsubstantive changes to the law relating to the petition described above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 56366.2 of the Education Code is amended to read:56366.2. (a) A local educational agency, nonpublic, nonsectarian school, or nonpublic, nonsectarian agency may petition the Superintendent to waive one or more of the requirements under Sections 56365, 56366, 56366.3, and 56366.6. The petition shall state the reasons for the waiver request, and shall include all of the following:(1) Sufficient documentation to demonstrate that the waiver is necessary to the content and implementation of a specific pupils individualized education program and the pupils current placement.(2) The period of time that the waiver will be effective during any one school year.(3) Documentation and assurance that the waiver does not abrogate any right provided to individuals with exceptional needs and their parents or guardians under state or federal law, and does not hinder 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), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and federal regulations relating to those acts.(b) No A waiver shall not be granted for reimbursement of those costs prohibited under Article 4 (commencing with Section 56836.20) of Chapter 7.2 of Part 30 or for the certification requirements pursuant to Section 56366.1 unless approved by the board pursuant to Section 56101.(c) In submitting the annual report on waivers granted under Section 56101 and this section to the board, the Superintendent shall specify information related to the provision of special education and related services to individuals with exceptional needs through contracts with nonpublic, nonsectarian schools and agencies located in the state, nonpublic, nonsectarian school and agency placements in facilities located out of state, and the specific section waived pursuant to this section.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2784Introduced by Assembly Member GabrielFebruary 15, 2024 An act to amend Section 56366.2 of the Education Code, relating to special education.LEGISLATIVE COUNSEL'S DIGESTAB 2784, as introduced, Gabriel. Special education: nonpublic, nonsectarian schools: waivers.Existing law authorizes a local educational agency, nonpublic, nonsectarian school, or nonpublic, nonsectarian agency to petition the Superintendent of Public Instruction to waive specified laws relating to special education services for pupils provided by nonpublic, nonsectarian schools.This bill would make nonsubstantive changes to the law relating to the petition described above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2784
Introduced by Assembly Member GabrielFebruary 15, 2024
Introduced by Assembly Member Gabriel
February 15, 2024
An act to amend Section 56366.2 of the Education Code, relating to special education.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2784, as introduced, Gabriel. Special education: nonpublic, nonsectarian schools: waivers.
Existing law authorizes a local educational agency, nonpublic, nonsectarian school, or nonpublic, nonsectarian agency to petition the Superintendent of Public Instruction to waive specified laws relating to special education services for pupils provided by nonpublic, nonsectarian schools.This bill would make nonsubstantive changes to the law relating to the petition described above.
Existing law authorizes a local educational agency, nonpublic, nonsectarian school, or nonpublic, nonsectarian agency to petition the Superintendent of Public Instruction to waive specified laws relating to special education services for pupils provided by nonpublic, nonsectarian schools.
This bill would make nonsubstantive changes to the law relating to the petition described above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 56366.2 of the Education Code is amended to read:56366.2. (a) A local educational agency, nonpublic, nonsectarian school, or nonpublic, nonsectarian agency may petition the Superintendent to waive one or more of the requirements under Sections 56365, 56366, 56366.3, and 56366.6. The petition shall state the reasons for the waiver request, and shall include all of the following:(1) Sufficient documentation to demonstrate that the waiver is necessary to the content and implementation of a specific pupils individualized education program and the pupils current placement.(2) The period of time that the waiver will be effective during any one school year.(3) Documentation and assurance that the waiver does not abrogate any right provided to individuals with exceptional needs and their parents or guardians under state or federal law, and does not hinder 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), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and federal regulations relating to those acts.(b) No A waiver shall not be granted for reimbursement of those costs prohibited under Article 4 (commencing with Section 56836.20) of Chapter 7.2 of Part 30 or for the certification requirements pursuant to Section 56366.1 unless approved by the board pursuant to Section 56101.(c) In submitting the annual report on waivers granted under Section 56101 and this section to the board, the Superintendent shall specify information related to the provision of special education and related services to individuals with exceptional needs through contracts with nonpublic, nonsectarian schools and agencies located in the state, nonpublic, nonsectarian school and agency placements in facilities located out of state, and the specific section waived pursuant to this section.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 56366.2 of the Education Code is amended to read:56366.2. (a) A local educational agency, nonpublic, nonsectarian school, or nonpublic, nonsectarian agency may petition the Superintendent to waive one or more of the requirements under Sections 56365, 56366, 56366.3, and 56366.6. The petition shall state the reasons for the waiver request, and shall include all of the following:(1) Sufficient documentation to demonstrate that the waiver is necessary to the content and implementation of a specific pupils individualized education program and the pupils current placement.(2) The period of time that the waiver will be effective during any one school year.(3) Documentation and assurance that the waiver does not abrogate any right provided to individuals with exceptional needs and their parents or guardians under state or federal law, and does not hinder 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), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and federal regulations relating to those acts.(b) No A waiver shall not be granted for reimbursement of those costs prohibited under Article 4 (commencing with Section 56836.20) of Chapter 7.2 of Part 30 or for the certification requirements pursuant to Section 56366.1 unless approved by the board pursuant to Section 56101.(c) In submitting the annual report on waivers granted under Section 56101 and this section to the board, the Superintendent shall specify information related to the provision of special education and related services to individuals with exceptional needs through contracts with nonpublic, nonsectarian schools and agencies located in the state, nonpublic, nonsectarian school and agency placements in facilities located out of state, and the specific section waived pursuant to this section.
SECTION 1. Section 56366.2 of the Education Code is amended to read:
### SECTION 1.
56366.2. (a) A local educational agency, nonpublic, nonsectarian school, or nonpublic, nonsectarian agency may petition the Superintendent to waive one or more of the requirements under Sections 56365, 56366, 56366.3, and 56366.6. The petition shall state the reasons for the waiver request, and shall include all of the following:(1) Sufficient documentation to demonstrate that the waiver is necessary to the content and implementation of a specific pupils individualized education program and the pupils current placement.(2) The period of time that the waiver will be effective during any one school year.(3) Documentation and assurance that the waiver does not abrogate any right provided to individuals with exceptional needs and their parents or guardians under state or federal law, and does not hinder 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), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and federal regulations relating to those acts.(b) No A waiver shall not be granted for reimbursement of those costs prohibited under Article 4 (commencing with Section 56836.20) of Chapter 7.2 of Part 30 or for the certification requirements pursuant to Section 56366.1 unless approved by the board pursuant to Section 56101.(c) In submitting the annual report on waivers granted under Section 56101 and this section to the board, the Superintendent shall specify information related to the provision of special education and related services to individuals with exceptional needs through contracts with nonpublic, nonsectarian schools and agencies located in the state, nonpublic, nonsectarian school and agency placements in facilities located out of state, and the specific section waived pursuant to this section.
56366.2. (a) A local educational agency, nonpublic, nonsectarian school, or nonpublic, nonsectarian agency may petition the Superintendent to waive one or more of the requirements under Sections 56365, 56366, 56366.3, and 56366.6. The petition shall state the reasons for the waiver request, and shall include all of the following:(1) Sufficient documentation to demonstrate that the waiver is necessary to the content and implementation of a specific pupils individualized education program and the pupils current placement.(2) The period of time that the waiver will be effective during any one school year.(3) Documentation and assurance that the waiver does not abrogate any right provided to individuals with exceptional needs and their parents or guardians under state or federal law, and does not hinder 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), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and federal regulations relating to those acts.(b) No A waiver shall not be granted for reimbursement of those costs prohibited under Article 4 (commencing with Section 56836.20) of Chapter 7.2 of Part 30 or for the certification requirements pursuant to Section 56366.1 unless approved by the board pursuant to Section 56101.(c) In submitting the annual report on waivers granted under Section 56101 and this section to the board, the Superintendent shall specify information related to the provision of special education and related services to individuals with exceptional needs through contracts with nonpublic, nonsectarian schools and agencies located in the state, nonpublic, nonsectarian school and agency placements in facilities located out of state, and the specific section waived pursuant to this section.
56366.2. (a) A local educational agency, nonpublic, nonsectarian school, or nonpublic, nonsectarian agency may petition the Superintendent to waive one or more of the requirements under Sections 56365, 56366, 56366.3, and 56366.6. The petition shall state the reasons for the waiver request, and shall include all of the following:(1) Sufficient documentation to demonstrate that the waiver is necessary to the content and implementation of a specific pupils individualized education program and the pupils current placement.(2) The period of time that the waiver will be effective during any one school year.(3) Documentation and assurance that the waiver does not abrogate any right provided to individuals with exceptional needs and their parents or guardians under state or federal law, and does not hinder 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), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and federal regulations relating to those acts.(b) No A waiver shall not be granted for reimbursement of those costs prohibited under Article 4 (commencing with Section 56836.20) of Chapter 7.2 of Part 30 or for the certification requirements pursuant to Section 56366.1 unless approved by the board pursuant to Section 56101.(c) In submitting the annual report on waivers granted under Section 56101 and this section to the board, the Superintendent shall specify information related to the provision of special education and related services to individuals with exceptional needs through contracts with nonpublic, nonsectarian schools and agencies located in the state, nonpublic, nonsectarian school and agency placements in facilities located out of state, and the specific section waived pursuant to this section.
56366.2. (a) A local educational agency, nonpublic, nonsectarian school, or nonpublic, nonsectarian agency may petition the Superintendent to waive one or more of the requirements under Sections 56365, 56366, 56366.3, and 56366.6. The petition shall state the reasons for the waiver request, and shall include all of the following:
(1) Sufficient documentation to demonstrate that the waiver is necessary to the content and implementation of a specific pupils individualized education program and the pupils current placement.
(2) The period of time that the waiver will be effective during any one school year.
(3) Documentation and assurance that the waiver does not abrogate any right provided to individuals with exceptional needs and their parents or guardians under state or federal law, and does not hinder 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), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and federal regulations relating to those acts.
(b) No A waiver shall not be granted for reimbursement of those costs prohibited under Article 4 (commencing with Section 56836.20) of Chapter 7.2 of Part 30 or for the certification requirements pursuant to Section 56366.1 unless approved by the board pursuant to Section 56101.
(c) In submitting the annual report on waivers granted under Section 56101 and this section to the board, the Superintendent shall specify information related to the provision of special education and related services to individuals with exceptional needs through contracts with nonpublic, nonsectarian schools and agencies located in the state, nonpublic, nonsectarian school and agency placements in facilities located out of state, and the specific section waived pursuant to this section.