Quick Legal Reference

This regulation defines who qualifies as an individual with exceptional needs under special education law. It outlines the criteria to determine whether a student has a disability that requires specialized instruction and related services to benefit from their education. This section is a foundational source for parents and educators, as it helps clarify eligibility for special education support and ensures that students with disabilities are properly identified and served. By understanding this definition, families and school teams can better advocate for and develop appropriate educational plans tailored to each student’s unique needs.

• CA Education Code 56026 Definition

• California Code of Regulations, Title 5., Div. 8. Commission on Teacher Credentialing, Chapter 1
• Commission on Teacher Credentialing (CTC)

Title 34 of the Code of Federal Regulations (CFR) section 300.30 and California Education Code section 56028 both define who is considered a “parent” in the context of special education. These definitions go beyond the biological or adoptive parents to include legal guardians, individuals acting in place of a parent (such as relatives or stepparents with whom the child lives), and those legally responsible for the child’s welfare. Understanding who qualifies as a parent is essential because this person holds specific educational rights under the IDEA, such s the right to participate in IEP meetings, provide consent for assessments, and receive notices. For both parents and educators, these legal definitions are a critical resource for ensuring that the correct individuals are involved in educational decisions and that students with disabilities receive appropriate support and advocacy.

This resource is found in Title 34 of the Code of Federal Regulations (CFR), Part 300, Subpart D. This outlines the federal requirements for how schools must address disciplinary actions involving students with disabilities. These regulations ensure that students are not unfairly punished for behaviors related to their disability and that their rights under the IDEA are protected. Key provisions include how long a student can be removed from their current placement, when a manifestation determination is required, and how services must continue during disciplinary removals. For parents and educators, these guidelines are an essential resource to support fair, consistent, and legally compliant discipline practices while maintaining access to education for students with disabilities.

• Authority of School Personnel (34 CFR 300.530)
• Determination of Setting (34 CFR 300.531)
• Appeal (34 CFR 300.532)
• Placement During Appeals (34 CFR 300.533)
• Protections for Children Not Determined Eligible for Special Education and Related Services (34 CFR 300.534)
• Referral To and Action by Law Enforcement and Judicial Authorities (34 CFR 300.535)
• Change of Placement Because of Disciplinary Removals (34 CFR 300.536)

This resource is found in Title 34 of the Code of Federal Regulations (CFR), Part 300, Subpart D. This focuses on how schools identify, evaluate, and determine eligibility for special education services under the IDEA. It also outlines how IEPs are developed and implemented. This section is essential for both parents and educators, as it provides clear guidelines on timelines, required procedures, and collaborative responsibilities. Subpart D helps ensure that students with disabilities are accurately identified and receive appropriate, personalized support through a legally compliant IEP process.

• Parental Consent (34 CFR 300.300)
• Evaluations and Reevaluations
  • Initial evaluations (34 CFR 300.301)
  • Screening for Instructional Purposes in Not an Evaluation (34 CFR 300.302)
  • Reevaluations (34 CFR 300.303)
  • Evaluation Procedures (34 CFR 300.304)
  • Additional Requirements for Evaluations and Reevaluations (34 CFR 300.305)
  • Determination of Eligibility (34 CFR 300.306)
• Specific Learning Disabilities (34 CFR 300.307)
• Additional Group Members (34 CFR 300.308)
• Determining Existence of Specific Learning Disability (SLD) (34 CFR 300.309)
• Observation (34 CFR 300.310)
• Definition of IEP (34 CFR 300.320)
• IEP Team (34 CFR 300.321)
• Parent Participation (34 CFR 300.322)
• When IEPs Must Be in Effect (34 CFR 300.323)
• Development, Review, and Revision of IEP (34 CFR 300.324)
• Private School Placements by Public Agencies (34 CFR 300.325)
• Educational Placements (34 CFR 300.327)
• Alternative Means of Meeting Participation (34 CFR 300.328)

Additional Resource: [CA Education Code 56321. Assessment]

• Family Educational Rights and Privacy (FERPA): FERPA is a federal law that protects the privacy of student education records. It applies to all public and private elementary, secondary, and post-secondary educational institutions that receive federal funding. FERPA grants parents (or eligible students) certain rights, including the right to access and review their child’s (or their own) education records, the right to seek to amend inaccurate or misleading information, and the right to control the disclosure of personally identifiable information from those records.
• Health Insurance Portability and Accountability Act (HIPAA): A federal law enacted in 1996 that primarily focuses on protecting the privacy and security of individuals’ protected health information (PHI). HIPAA sets national standard for handling sensitive patient data, ensuring it’s used and disclosed appropriately.
• SELPA Policy Chapter 15 and Charter SELPA Policy Chapter 5

This resource is found in Title 34 of the Code of Federal Regulations (CFR), Part 300, Subpart E. This outlines the procedural safeguards under the Individuals with Disabilities Education Act (IDEA). These federal guidelines are designed to protect the rights of children with disabilities and ensure that parents and educators work together in the decision-making process regarding a child’s special education services. This section addresses key areas such as parental consent, notice of meetings, dispute resolution options (like mediation and due process hearings), and access to educational records. For parents and educators, Subpart E is a valuable resource that promotes collaboration, transparency, and accountability in supports students with disabilities.

• Responsibility of SEA and Other Public Agencies (34 CFR 300.500)
• Opportunity to Examine Records, Parent Participation in Meetings (34 CFR 300.501)
• Independent Educational Evaluation (IEE) (34 CFR 300.50)
• Prior Notice by the Public Agency, Content of Notice (PWN) (34 CFR 300.503)
• Procedural Safeguards Notice (34 CFR 300.504)
• Electronic Mail (34 CFR 300.505)
• Mediation (34 CFR 300.506)
• Filing a Due Process Complaint (34 CFR 300.507)
• Due Process Complaint (34 CFR 300.508)
• Resolution Process (34 CFR 300.510)
• Impartial Due Process Hearing (34 CFR 300.511)
• Hearing Rights (34 CFR 300.512)
• Hearing Decisions (34 CFR 300.513)
• Finality of Decision; Appeal; Impartial Review (34 CFR 300.514)
• Timelines and Convenience of Hearings and Reviews (34 CFR 300.515)
• Civil Action (34 CFR 300.516)
• Attorney’s Fees (34 CFR 300.517)
• Child’s Status During Proceedings (34 CFR 300.518)
• Surrogate Parents (34 CFR 300.519)
• Transfer of Parental Rights at Age of Majority (34 CFR 300.520)

State regulations that guide how public education is administered throughout California. It includes rules and standards adopted by the California Department of Education and the State Board of Education. These regulations cover a wide range of areas – from curriculum and special education to student services and school operations. This resource helps educators, administrators, and families understand the legal framework that supports quality education and ensures schools meet the needs of all students across the state.

Understanding who is considered. resident of California is important when it comes to enrolling in school, accessing services, and qualifying for certain programs. California law helps define residency in a way that supports families and ensures students get the services they need.

What does residency mean:

According to California law, a person is considered a resident when:

• They physically live in California, and
• They intend to make California their home for the foreseeable future.

It's not just about being here temporarily--residency means California is where you live and plan to stay.

What if I recently moved to California?

You don't have to live in California for a long time to be considered a resident. If your family moved here and plans to stay, you're likely considered residents under the law--even if you're still settling in.

What about students and families?

If a parent or guardian lives in California, their children are generally considered residents, too. This helps ensure students can access the right support and educational opportunities in their local public schools.

In California, the law supports every child's right to an education--and also makes it a responsibility. State law requires that children attend school regularly, and this helps make sure every student has the opportunity to learn, grow, and succeed.

Who must attend school?

Under California law (Education Code Section 48200):

• All children between the ages of 6 and 18 are required to attend a full-time public or private school every school day.
• This law is often called the Compulsory Education Law.

Where should my child go to school?

Most children attend school in the district where their parent or guardian lives. However, there may be other options such as transfers or alternative programs, depending on your family's needs.

Why is this law important?

• It ensures that all children have access to education.
• It helps schools provide the support students need to learn and thrive.
• Regular school attendance is closely connected to student success--both academically and socially.

Are there exceptions?

Some exceptions apply, such as:

• If your child is being homeschooled following approved guidelines.
• If your child is enrolled in an approved independent study program.
• If your child has a valid reason for being absent (e.g., illness, medical appointments, or certain family emergencies).

If you have questions about your child's school attendance, options, or need support, please reach out to your school or district office.