| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 784Introduced by Assembly Member HooverFebruary 18, 2025 An act to amend Sections 56031 and 56035 of add Section 56049.2 to the Education Code, relating to special education. LEGISLATIVE COUNSEL'S DIGESTAB 784, as amended, Hoover. Special education. education: specialized deaf and hard-of-hearing services.Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those individuals with a free appropriate public education in the least restrictive environment, with special education and related services, as reflected in an individualized education program. Existing law permits, under certain circumstances, contracts to be entered into for the provision of special education and related services by a nonpublic, nonsectarian school or nonpublic, nonsectarian agency, as defined.This bill would require, on or before July 1, 2026, the State Department of Education to issue guidance to clarify that specialized deaf and hard-of-hearing services are authorized to be provided as the sole services on an individualized education program and that the services are authorized to be provided by an appropriately credentialed teacher, including, but not limited to, a teacher employed by a nonpublic, nonsectarian agency.Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those individuals with a free appropriate public education in the least restrictive environment, with special education and related services, as reflected in an individualized education program. Existing law defines special education as instruction specially designed for individuals with exceptional needs and instruction in physical education, and includes certain services, training, and education as special education, as specified.This bill would add specialized deaf and hard of hearing services to those services included in special education. By expanding the scope of services required to be provided by local educational agencies, the bill would impose a state-mandated local program.Existing law permits, under certain circumstances, contracts to be entered into for the provision of special education and related services by a nonpublic, nonsectarian school or nonpublic, nonsectarian agency, defined as a private, nonsectarian establishment or individual that provides related services necessary for an individual with exceptional needs to benefit educationally from the pupils educational program pursuant to an individualized education program and that is certified by the department.This bill would authorize, for these purposes, a nonpublic, nonsectarian agency to also provide specialized instruction by a credentialed teacher.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Deaf or hard-of-hearing pupils have unique communication, language, and educational access needs that may not always require placement in a special day class or receipt of core academic instruction by a special education teacher.(b) Sections 3051.16 and 3051.18 of Title 5 of the California Code of Regulations establish specialized services for pupils with hearing impairments that may include language and communication development, auditory skill development, and educational accommodations and supports.(c) Specialized deaf and hard of hearing services, as identified by Service Code 710 of the California Special Education Management Information System, refers to related services that may be provided in isolation from other special education services, based solely on the pupils assessed needs.(d) There is a need to clarify that these services may be delivered as standalone services and may be appropriately contracted through certified nonpublic, nonsectarian agencies when a teacher of a deaf or hard-of-hearing pupil is not delivering core academic instruction, but rather is delivering related services supporting the pupils access and communication.SEC. 2. Section 56049.2 is added to the Education Code, to read:56049.2. On or before July 1, 2026, the department shall issue guidance to clarify that specialized deaf and hard-of-hearing services may be provided as the sole services on an individualized education program and that the services may be provided by an appropriately credentialed teacher, including, but not limited to, a teacher employed by a nonpublic, nonsectarian agency.SECTION 1.Section 56031 of the Education Code is amended to read:56031.(a)Special education, in accordance with Section 1401(29) of Title 20 of the United States Code, means specially designed instruction, at no cost to the parent, to meet the unique needs of individuals with exceptional needs, including instruction conducted in the classroom, in the home, in hospitals and institutions, and other settings, and instruction in physical education.(b)In accordance with Section 300.39 of Title 34 of the Code of Federal Regulations, special education includes each of the following, if the services otherwise meet the requirements of subdivision (a):(1)Speech-language pathology services, specialized deaf and hard of hearing services, or any other designated instruction and service or related service, pursuant to Section 56363, if the service is considered special education rather than a designated instruction and service or related service under state standards.(2)Travel training.(3)Vocational education.(c)Transition services for individuals with exceptional needs may be special education, in accordance with Section 300.43(b) of Title 34 of the Code of Federal Regulations, if provided as specially designed instruction, or a related service, if required to assist an individual with exceptional needs to benefit from special education.(d)Individuals with exceptional needs shall be grouped for instructional purposes according to their instructional needs.SEC. 2.Section 56035 of the Education Code is amended to read:56035.Nonpublic, nonsectarian agency means a private, nonsectarian establishment or individual that provides related services, or specialized instruction by a credentialed teacher, necessary for an individual with exceptional needs to benefit educationally from the pupils educational program pursuant to an individualized education program and that is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, a public university or college, or a public hospital. The nonpublic, nonsectarian agency shall also meet standards as prescribed by the superintendent and board.SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 784Introduced by Assembly Member HooverFebruary 18, 2025 An act to amend Sections 56031 and 56035 of add Section 56049.2 to the Education Code, relating to special education. LEGISLATIVE COUNSEL'S DIGESTAB 784, as amended, Hoover. Special education. education: specialized deaf and hard-of-hearing services.Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those individuals with a free appropriate public education in the least restrictive environment, with special education and related services, as reflected in an individualized education program. Existing law permits, under certain circumstances, contracts to be entered into for the provision of special education and related services by a nonpublic, nonsectarian school or nonpublic, nonsectarian agency, as defined.This bill would require, on or before July 1, 2026, the State Department of Education to issue guidance to clarify that specialized deaf and hard-of-hearing services are authorized to be provided as the sole services on an individualized education program and that the services are authorized to be provided by an appropriately credentialed teacher, including, but not limited to, a teacher employed by a nonpublic, nonsectarian agency.Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those individuals with a free appropriate public education in the least restrictive environment, with special education and related services, as reflected in an individualized education program. Existing law defines special education as instruction specially designed for individuals with exceptional needs and instruction in physical education, and includes certain services, training, and education as special education, as specified.This bill would add specialized deaf and hard of hearing services to those services included in special education. By expanding the scope of services required to be provided by local educational agencies, the bill would impose a state-mandated local program.Existing law permits, under certain circumstances, contracts to be entered into for the provision of special education and related services by a nonpublic, nonsectarian school or nonpublic, nonsectarian agency, defined as a private, nonsectarian establishment or individual that provides related services necessary for an individual with exceptional needs to benefit educationally from the pupils educational program pursuant to an individualized education program and that is certified by the department.This bill would authorize, for these purposes, a nonpublic, nonsectarian agency to also provide specialized instruction by a credentialed teacher.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly April 21, 2025 Amended IN Assembly March 28, 2025 | |
| 6 | - | ||
| 7 | - | Amended IN Assembly April 21, 2025 | |
| 8 | 5 | Amended IN Assembly March 28, 2025 | |
| 9 | 6 | ||
| 10 | - | ||
| 7 | + | Amended IN Assembly March 28, 2025 | |
| 11 | 8 | ||
| 12 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 13 | 10 | ||
| 14 | 11 | Assembly Bill | |
| 15 | 12 | ||
| 16 | 13 | No. 784 | |
| 17 | 14 | ||
| 18 | 15 | Introduced by Assembly Member HooverFebruary 18, 2025 | |
| 19 | 16 | ||
| 20 | 17 | Introduced by Assembly Member Hoover | |
| 21 | 18 | February 18, 2025 | |
| 22 | 19 | ||
| 23 | - | ||
| 24 | - | ||
| 25 | - | An act to add amend Section 56049.2 to 56031 of the Education Code, relating to special education. | |
| 20 | + | An act to amend Sections 56031 and 56035 of add Section 56049.2 to the Education Code, relating to special education. | |
| 26 | 21 | ||
| 27 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 23 | ||
| 29 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 25 | ||
| 31 | - | AB 784, as amended, Hoover. Special education: specialized deaf and hard-of-hearing services. | |
| 26 | + | AB 784, as amended, Hoover. Special education. education: specialized deaf and hard-of-hearing services. | |
| 32 | 27 | ||
| 33 | - | Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those individuals with a free appropriate public education in the least restrictive environment, with special education and related services, as reflected in an individualized education program. Existing law permits, under certain circumstances, contracts to be entered into for the provision of special education and related services by a nonpublic, nonsectarian school or nonpublic, nonsectarian agency, as defined. | |
| 28 | + | Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those individuals with a free appropriate public education in the least restrictive environment, with special education and related services, as reflected in an individualized education program. Existing law permits, under certain circumstances, contracts to be entered into for the provision of special education and related services by a nonpublic, nonsectarian school or nonpublic, nonsectarian agency, as defined.This bill would require, on or before July 1, 2026, the State Department of Education to issue guidance to clarify that specialized deaf and hard-of-hearing services are authorized to be provided as the sole services on an individualized education program and that the services are authorized to be provided by an appropriately credentialed teacher, including, but not limited to, a teacher employed by a nonpublic, nonsectarian agency.Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those individuals with a free appropriate public education in the least restrictive environment, with special education and related services, as reflected in an individualized education program. Existing law defines special education as instruction specially designed for individuals with exceptional needs and instruction in physical education, and includes certain services, training, and education as special education, as specified.This bill would add specialized deaf and hard of hearing services to those services included in special education. By expanding the scope of services required to be provided by local educational agencies, the bill would impose a state-mandated local program.Existing law permits, under certain circumstances, contracts to be entered into for the provision of special education and related services by a nonpublic, nonsectarian school or nonpublic, nonsectarian agency, defined as a private, nonsectarian establishment or individual that provides related services necessary for an individual with exceptional needs to benefit educationally from the pupils educational program pursuant to an individualized education program and that is certified by the department.This bill would authorize, for these purposes, a nonpublic, nonsectarian agency to also provide specialized instruction by a credentialed teacher.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 34 | 29 | ||
| 35 | - | Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those individuals with a free appropriate public education in the least restrictive environment, with special education and related services, as reflected in an individualized education program. Existing law permits, under certain circumstances, contracts to be entered into for the provision of special education and related services by a nonpublic, nonsectarian school or nonpublic, nonsectarian agency, as defined. | |
| 30 | + | Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those individuals with a free appropriate public education in the least restrictive environment, with special education and related services, as reflected in an individualized education program. Existing law permits, under certain circumstances, contracts to be entered into for the provision of special education and related services by a nonpublic, nonsectarian school or nonpublic, nonsectarian agency, as defined. | |
| 36 | 31 | ||
| 37 | - | This bill would require, on or before July 1, 2026, the State Department of Education to issue guidance to clarify that prohibit those provisions from being construed to prohibit an individualized education program from including specialized deaf and hard-of-hearing related services are authorized to be provided as the sole services on an individualized education program and that the services are authorized to be provided by an appropriately credentialed teacher, including, but not limited to, a teacher employed by a nonpublic, nonsectarian agency. as the only services. | |
| 32 | + | This bill would require, on or before July 1, 2026, the State Department of Education to issue guidance to clarify that specialized deaf and hard-of-hearing services are authorized to be provided as the sole services on an individualized education program and that the services are authorized to be provided by an appropriately credentialed teacher, including, but not limited to, a teacher employed by a nonpublic, nonsectarian agency. | |
| 33 | + | ||
| 34 | + | Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those individuals with a free appropriate public education in the least restrictive environment, with special education and related services, as reflected in an individualized education program. Existing law defines special education as instruction specially designed for individuals with exceptional needs and instruction in physical education, and includes certain services, training, and education as special education, as specified. | |
| 35 | + | ||
| 36 | + | ||
| 37 | + | ||
| 38 | + | This bill would add specialized deaf and hard of hearing services to those services included in special education. By expanding the scope of services required to be provided by local educational agencies, the bill would impose a state-mandated local program. | |
| 39 | + | ||
| 40 | + | ||
| 41 | + | ||
| 42 | + | Existing law permits, under certain circumstances, contracts to be entered into for the provision of special education and related services by a nonpublic, nonsectarian school or nonpublic, nonsectarian agency, defined as a private, nonsectarian establishment or individual that provides related services necessary for an individual with exceptional needs to benefit educationally from the pupils educational program pursuant to an individualized education program and that is certified by the department. | |
| 43 | + | ||
| 44 | + | ||
| 45 | + | ||
| 46 | + | This bill would authorize, for these purposes, a nonpublic, nonsectarian agency to also provide specialized instruction by a credentialed teacher. | |
| 47 | + | ||
| 48 | + | ||
| 49 | + | ||
| 50 | + | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 51 | + | ||
| 52 | + | ||
| 53 | + | ||
| 54 | + | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 55 | + | ||
| 56 | + | ||
| 38 | 57 | ||
| 39 | 58 | ## Digest Key | |
| 40 | 59 | ||
| 41 | 60 | ## Bill Text | |
| 42 | 61 | ||
| 43 | - | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Deaf or hard-of-hearing pupils have unique communication, language, and educational access needs that may not always require placement in a special day class or receipt of core academic instruction by a special education teacher.(b) Sections 3051.16 and 3051.18 of Title 5 of the California Code of Regulations establish specialized services for pupils with hearing impairments that may include language and communication development, auditory skill development, and educational accommodations and supports.(c) Specialized deaf and hard of hearing services, as identified by Service Code 710 of the California Special Education Management Information System, refers to related services that may be provided in isolation from other special education services, based solely on the pupils assessed needs.(d) There is a need to clarify that these services may be delivered as standalone services and may be appropriately contracted through certified nonpublic, nonsectarian agencies when a teacher of a deaf or hard-of-hearing pupil is not delivering core academic instruction, but rather is delivering related services supporting the pupils access and communication.SEC. 2.Section 56049.2 is added to the Education Code, to read:56049.2.On or before July 1, 2026, the department shall issue guidance to clarify that specialized deaf and hard-of-hearing services may be provided as the sole services on an individualized education program and that the services may be provided by an appropriately credentialed teacher, including, but not limited to, a teacher employed by a nonpublic, nonsectarian agency. | |
| 62 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Deaf or hard-of-hearing pupils have unique communication, language, and educational access needs that may not always require placement in a special day class or receipt of core academic instruction by a special education teacher.(b) Sections 3051.16 and 3051.18 of Title 5 of the California Code of Regulations establish specialized services for pupils with hearing impairments that may include language and communication development, auditory skill development, and educational accommodations and supports.(c) Specialized deaf and hard of hearing services, as identified by Service Code 710 of the California Special Education Management Information System, refers to related services that may be provided in isolation from other special education services, based solely on the pupils assessed needs.(d) There is a need to clarify that these services may be delivered as standalone services and may be appropriately contracted through certified nonpublic, nonsectarian agencies when a teacher of a deaf or hard-of-hearing pupil is not delivering core academic instruction, but rather is delivering related services supporting the pupils access and communication.SEC. 2. Section 56049.2 is added to the Education Code, to read:56049.2. On or before July 1, 2026, the department shall issue guidance to clarify that specialized deaf and hard-of-hearing services may be provided as the sole services on an individualized education program and that the services may be provided by an appropriately credentialed teacher, including, but not limited to, a teacher employed by a nonpublic, nonsectarian agency.SECTION 1.Section 56031 of the Education Code is amended to read:56031.(a)Special education, in accordance with Section 1401(29) of Title 20 of the United States Code, means specially designed instruction, at no cost to the parent, to meet the unique needs of individuals with exceptional needs, including instruction conducted in the classroom, in the home, in hospitals and institutions, and other settings, and instruction in physical education.(b)In accordance with Section 300.39 of Title 34 of the Code of Federal Regulations, special education includes each of the following, if the services otherwise meet the requirements of subdivision (a):(1)Speech-language pathology services, specialized deaf and hard of hearing services, or any other designated instruction and service or related service, pursuant to Section 56363, if the service is considered special education rather than a designated instruction and service or related service under state standards.(2)Travel training.(3)Vocational education.(c)Transition services for individuals with exceptional needs may be special education, in accordance with Section 300.43(b) of Title 34 of the Code of Federal Regulations, if provided as specially designed instruction, or a related service, if required to assist an individual with exceptional needs to benefit from special education.(d)Individuals with exceptional needs shall be grouped for instructional purposes according to their instructional needs.SEC. 2.Section 56035 of the Education Code is amended to read:56035.Nonpublic, nonsectarian agency means a private, nonsectarian establishment or individual that provides related services, or specialized instruction by a credentialed teacher, necessary for an individual with exceptional needs to benefit educationally from the pupils educational program pursuant to an individualized education program and that is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, a public university or college, or a public hospital. The nonpublic, nonsectarian agency shall also meet standards as prescribed by the superintendent and board.SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 44 | 63 | ||
| 45 | 64 | The people of the State of California do enact as follows: | |
| 46 | 65 | ||
| 47 | 66 | ## The people of the State of California do enact as follows: | |
| 48 | 67 | ||
| 49 | 68 | SECTION 1. The Legislature finds and declares all of the following:(a) Deaf or hard-of-hearing pupils have unique communication, language, and educational access needs that may not always require placement in a special day class or receipt of core academic instruction by a special education teacher.(b) Sections 3051.16 and 3051.18 of Title 5 of the California Code of Regulations establish specialized services for pupils with hearing impairments that may include language and communication development, auditory skill development, and educational accommodations and supports.(c) Specialized deaf and hard of hearing services, as identified by Service Code 710 of the California Special Education Management Information System, refers to related services that may be provided in isolation from other special education services, based solely on the pupils assessed needs.(d) There is a need to clarify that these services may be delivered as standalone services and may be appropriately contracted through certified nonpublic, nonsectarian agencies when a teacher of a deaf or hard-of-hearing pupil is not delivering core academic instruction, but rather is delivering related services supporting the pupils access and communication. | |
| 50 | 69 | ||
| 51 | 70 | SECTION 1. The Legislature finds and declares all of the following:(a) Deaf or hard-of-hearing pupils have unique communication, language, and educational access needs that may not always require placement in a special day class or receipt of core academic instruction by a special education teacher.(b) Sections 3051.16 and 3051.18 of Title 5 of the California Code of Regulations establish specialized services for pupils with hearing impairments that may include language and communication development, auditory skill development, and educational accommodations and supports.(c) Specialized deaf and hard of hearing services, as identified by Service Code 710 of the California Special Education Management Information System, refers to related services that may be provided in isolation from other special education services, based solely on the pupils assessed needs.(d) There is a need to clarify that these services may be delivered as standalone services and may be appropriately contracted through certified nonpublic, nonsectarian agencies when a teacher of a deaf or hard-of-hearing pupil is not delivering core academic instruction, but rather is delivering related services supporting the pupils access and communication. | |
| 52 | 71 | ||
| 53 | 72 | SECTION 1. The Legislature finds and declares all of the following: | |
| 54 | 73 | ||
| 55 | 74 | ### SECTION 1. | |
| 56 | 75 | ||
| 57 | 76 | (a) Deaf or hard-of-hearing pupils have unique communication, language, and educational access needs that may not always require placement in a special day class or receipt of core academic instruction by a special education teacher. | |
| 58 | 77 | ||
| 59 | 78 | (b) Sections 3051.16 and 3051.18 of Title 5 of the California Code of Regulations establish specialized services for pupils with hearing impairments that may include language and communication development, auditory skill development, and educational accommodations and supports. | |
| 60 | 79 | ||
| 61 | 80 | (c) Specialized deaf and hard of hearing services, as identified by Service Code 710 of the California Special Education Management Information System, refers to related services that may be provided in isolation from other special education services, based solely on the pupils assessed needs. | |
| 62 | 81 | ||
| 63 | 82 | (d) There is a need to clarify that these services may be delivered as standalone services and may be appropriately contracted through certified nonpublic, nonsectarian agencies when a teacher of a deaf or hard-of-hearing pupil is not delivering core academic instruction, but rather is delivering related services supporting the pupils access and communication. | |
| 64 | 83 | ||
| 65 | - | On or before July 1, 2026, the department shall issue guidance to clarify that specialized deaf and hard-of-hearing services may be provided as the sole services on an individualized education program and that the services may be provided by an appropriately credentialed teacher, including, but not limited to, a teacher employed by a nonpublic, nonsectarian agency. | |
| 84 | + | SEC. 2. Section 56049.2 is added to the Education Code, to read:56049.2. On or before July 1, 2026, the department shall issue guidance to clarify that specialized deaf and hard-of-hearing services may be provided as the sole services on an individualized education program and that the services may be provided by an appropriately credentialed teacher, including, but not limited to, a teacher employed by a nonpublic, nonsectarian agency. | |
| 66 | 85 | ||
| 67 | - | SEC. 2. Section 56031 of the Education Code is amended to read:56031. (a) Special education, in accordance with Section 1401(29) of Title 20 of the United States Code, means specially designed instruction, at no cost to the parent, to meet the unique needs of individuals with exceptional needs, including instruction conducted in the classroom, in the home, in hospitals and institutions, and other settings, and instruction in physical education.(b) In accordance with Section 300.39 of Title 34 of the Code of Federal Regulations, special education includes each of the following, if the services otherwise meet the requirements of subdivision (a):(1) Speech-language pathology services, or any other designated instruction and service or related service, pursuant to Section 56363, if the service is considered special education rather than a designated instruction and service or related service under state standards.(2) Travel training.(3) Vocational education.(c) Transition services for individuals with exceptional needs may be special education, in accordance with Section 300.43(b) of Title 34 of the Code of Federal Regulations, if provided as specially designed instruction, or a related service, if required to assist an individual with exceptional needs to benefit from special education.(d) Individuals with exceptional needs shall be grouped for instructional purposes according to their instructional needs.(e) This section shall not be construed to prohibit an individualized education program from including specialized deaf and hard-of-hearing related services as the only services. | |
| 68 | - | ||
| 69 | - | SEC. 2. Section 56031 of the Education Code is amended to read: | |
| 86 | + | SEC. 2. Section 56049.2 is added to the Education Code, to read: | |
| 70 | 87 | ||
| 71 | 88 | ### SEC. 2. | |
| 72 | 89 | ||
| 73 | - | ||
| 90 | + | 56049.2. On or before July 1, 2026, the department shall issue guidance to clarify that specialized deaf and hard-of-hearing services may be provided as the sole services on an individualized education program and that the services may be provided by an appropriately credentialed teacher, including, but not limited to, a teacher employed by a nonpublic, nonsectarian agency. | |
| 74 | 91 | ||
| 75 | - | ||
| 92 | + | 56049.2. On or before July 1, 2026, the department shall issue guidance to clarify that specialized deaf and hard-of-hearing services may be provided as the sole services on an individualized education program and that the services may be provided by an appropriately credentialed teacher, including, but not limited to, a teacher employed by a nonpublic, nonsectarian agency. | |
| 76 | 93 | ||
| 77 | - | ||
| 94 | + | 56049.2. On or before July 1, 2026, the department shall issue guidance to clarify that specialized deaf and hard-of-hearing services may be provided as the sole services on an individualized education program and that the services may be provided by an appropriately credentialed teacher, including, but not limited to, a teacher employed by a nonpublic, nonsectarian agency. | |
| 78 | 95 | ||
| 79 | - | 56031. (a) Special education, in accordance with Section 1401(29) of Title 20 of the United States Code, means specially designed instruction, at no cost to the parent, to meet the unique needs of individuals with exceptional needs, including instruction conducted in the classroom, in the home, in hospitals and institutions, and other settings, and instruction in physical education. | |
| 80 | 96 | ||
| 81 | - | ###### 56031. | |
| 97 | + | ||
| 98 | + | 56049.2. On or before July 1, 2026, the department shall issue guidance to clarify that specialized deaf and hard-of-hearing services may be provided as the sole services on an individualized education program and that the services may be provided by an appropriately credentialed teacher, including, but not limited to, a teacher employed by a nonpublic, nonsectarian agency. | |
| 99 | + | ||
| 100 | + | ||
| 101 | + | ||
| 102 | + | ||
| 103 | + | ||
| 104 | + | (a)Special education, in accordance with Section 1401(29) of Title 20 of the United States Code, means specially designed instruction, at no cost to the parent, to meet the unique needs of individuals with exceptional needs, including instruction conducted in the classroom, in the home, in hospitals and institutions, and other settings, and instruction in physical education. | |
| 105 | + | ||
| 106 | + | ||
| 82 | 107 | ||
| 83 | 108 | (b)In accordance with Section 300.39 of Title 34 of the Code of Federal Regulations, special education includes each of the following, if the services otherwise meet the requirements of subdivision (a): | |
| 84 | 109 | ||
| 85 | - | (1) Speech-language pathology services, or any other designated instruction and service or related service, pursuant to Section 56363, if the service is considered special education rather than a designated instruction and service or related service under state standards. | |
| 110 | + | ||
| 111 | + | ||
| 112 | + | (1)Speech-language pathology services, specialized deaf and hard of hearing services, or any other designated instruction and service or related service, pursuant to Section 56363, if the service is considered special education rather than a designated instruction and service or related service under state standards. | |
| 113 | + | ||
| 114 | + | ||
| 86 | 115 | ||
| 87 | 116 | (2)Travel training. | |
| 88 | 117 | ||
| 118 | + | ||
| 119 | + | ||
| 89 | 120 | (3)Vocational education. | |
| 121 | + | ||
| 122 | + | ||
| 90 | 123 | ||
| 91 | 124 | (c)Transition services for individuals with exceptional needs may be special education, in accordance with Section 300.43(b) of Title 34 of the Code of Federal Regulations, if provided as specially designed instruction, or a related service, if required to assist an individual with exceptional needs to benefit from special education. | |
| 92 | 125 | ||
| 126 | + | ||
| 127 | + | ||
| 93 | 128 | (d)Individuals with exceptional needs shall be grouped for instructional purposes according to their instructional needs. | |
| 94 | 129 | ||
| 95 | - | (e) This section shall not be construed to prohibit an individualized education program from including specialized deaf and hard-of-hearing related services as the only services. | |
| 130 | + | ||
| 131 | + | ||
| 132 | + | ||
| 133 | + | ||
| 134 | + | ||
| 135 | + | ||
| 136 | + | Nonpublic, nonsectarian agency means a private, nonsectarian establishment or individual that provides related services, or specialized instruction by a credentialed teacher, necessary for an individual with exceptional needs to benefit educationally from the pupils educational program pursuant to an individualized education program and that is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, a public university or college, or a public hospital. The nonpublic, nonsectarian agency shall also meet standards as prescribed by the superintendent and board. | |
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| 141 | + | ||
| 142 | + | If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |