Cal. Code Regs. Tit. 5, § 3053 - Special Classes

(a) Placement in a special day class shall not limit or restrict the consideration of other options, including services provided in a vocational education program or any combination of programs and placements as may be required to provide the services specified in a pupil's IEP.

(b) The following standards for special classes shall be met:

(1) A special class shall be composed of individuals whose needs as specified in the IEPs can be appropriately met within the class.

(2) Pupils in a special class shall be provided with an educational program in accordance with their IEPs for at least the same length of time as the regular school day for that chronological peer group:

(A) When an individual can benefit by attending a regular program for part of the day, the amount of time shall be written in the IEP.

(B) When the IEP team determines that an individual cannot function for the period of time of a regular school day, and when it is so specified in the IEP, an individual may be permitted to attend a special class for less time than the regular school day for that chronological peer group.

(3) The procedure for allocation of aides for special classes shall be specified in the local plan. Additional aide time may be provided when the severity of the disabling conditions of the pupils or the age of the pupils justifies it, based on the IEPs.

(4) Special class(es) shall be located to promote maximum appropriate interaction with regular educational programs.

(c) The special class shall be taught by a full-time-equivalent teacher whose responsibility is the instruction, supervision, and coordination of the educational program for those individuals enrolled in the special class.

The special class shall be taught by a teacher who holds an appropriate special education credential authorized by the Commission on Teacher Credentialing and who possesses the necessary competencies to teach individuals assigned to the class. Special class teachers with a Special Education Credential employed as of September 1, 1975, as teachers in special classes for pupils in severe language disorder aphasia programs and who possess the necessary competencies to teach individuals assigned to the class, shall be authorized to continue to teach.

Notes

Cal. Code Regs. Tit. 5, § 3053

1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Change without regulatory effect amending subsections (a) and (b)(1)-(3) and amending NOTE filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).

Note: Authority cited: Section 56100, Education Code. Reference: Sections 56001 and 56364.2, Education Code; and 34 C.F.R. Section 300.114.

1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Change without regulatory effect amending subsections (a) and (b)(1)-(3) and amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).