2005 California Education Code Sections 56340-56347 Education Program

56340.  Each district, special education local plan area, or county
office shall initiate and conduct meetings for the purposes of
developing, reviewing, and  revising the individualized education
program of each individual with exceptional needs in accordance with
paragraph (2) of subsection (b) of Section 300.343 of Title 34 of the
Code of Federal Regulations.
56340.1.  All instructional planning procedures for individuals with
exceptional needs who are younger than three years of age shall be
provided pursuant to Chapter 4.4 (commencing with Section 56425) and
the California Early Intervention Services Act, Title 14 (commencing
with Section 95000) of the Government Code.
56341.  (a) Each meeting to develop, review, or revise the
individualized education program of an individual with exceptional
needs shall be conducted by an individualized education program team.
   (b) The individualized education program team shall include all of
the following:
   (1) One or both of the pupil's parents, a representative selected
by a parent, or both, in accordance with the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
   (2) Not less than one regular education teacher of the pupil, if
the pupil is, or may be, participating in the regular education
environment. If more than one regular education teacher is providing
instructional services to the individual with exceptional needs, one
regular education teacher may be designated by the local educational
agency to represent the others.
   The regular education teacher of an individual with exceptional
needs shall, to the extent appropriate, participate in the
development, review, and revision of the pupil's individualized
education program, including assisting in the determination of
appropriate positive behavioral interventions and supports, and other
strategies for the pupil, and the determination of supplementary
aids and services, program modifications, and supports for school
personnel that will be provided for the pupil, consistent with
subclause (IV) of clause (i) of subparagraph (A) of paragraph (1) of
subsection (d) of Section 1414 of Title 20 of the United States Code.
   (3) Not less than one special education teacher of the pupil, or
if appropriate, not less than one special education provider of the
pupil.
   (4) A representative of the local educational agency who meets all
of the following:
   (A) Is qualified to provide, or supervise the provision of,
specially designed instruction to meet the unique needs of
individuals with exceptional needs.
   (B) Is knowledgeable about the general curriculum.
   (C) Is knowledgeable about the availability of resources of the
local educational agency.
   (5) An individual who can interpret the instructional implications
of the assessment results. The individual may be a member of the
team described in paragraphs (2) to (6), inclusive.
   (6) At the discretion of the parent, guardian, or the local
educational agency, other individuals who have knowledge or special
expertise regarding the pupil, including related services personnel,
as appropriate. The determination of whether the individual has
knowledge or special expertise regarding the pupil shall be made by
the party who invites the individual to be a member of the
individualized education program team.
   (7) Whenever appropriate, the individual with exceptional needs.
   (c) In accordance with Sections 300.540 and 300.542 of Title 34 of
the Code of Federal Regulations, for a pupil suspected of having a
specific learning disability, at least one member of the
individualized education program team shall be qualified to conduct
individual diagnostic examinations of children, such as a school
psychologist, speech-language pathologist, or remedial reading
teacher. In accordance with Section 300.542 of Title 34 of the Code
of Federal Regulations, at least one team member other than the pupil'
s regular teacher shall observe the pupil's academic performance in
the regular classroom setting. In the case of a child who is less
than schoolage or out of school, a team member shall observe the
child in an environment appropriate for a child of that age.
   (d) (1) In the case of transition services, the local educational
agency shall invite an individual with exceptional needs to attend
his or her individualized education program meeting if a purpose of
the meeting will be the consideration of the needed transition
services for the individual.
   (2) If the individual with exceptional needs does not attend the
individualized education program meeting, the local educational
agency shall take steps to ensure that the individual's preferences
and interests are considered.
   (3) The local educational agency also shall invite to the
individualized education program team meetings a representative that
is likely to be responsible for providing or paying for transition
services. If an agency invited to send a representative to a meeting
does not do so, the local educational agency shall take other steps
to obtain participation of the other agency in the planning of any
transition services.
   (e) A local educational agency may designate another local
educational agency member of the individualized education program
team to serve also as the representative required pursuant to
paragraph (4) of subdivision (b) if the requirements of subparagraphs
(A), (B), and (C) of paragraph (4) of subdivision (b) are met.
   (f) A member of the individualized education program team shall
not be required to attend an individualized education program
meeting, in whole or in part, if the parent of the individual with
exceptional needs and the local educational agency agree that the
attendance of the member is not necessary because the member's area
of the curriculum or related services is not being modified or
discussed in the meeting.
   (g) A member of the individualized education program team may be
excused from attending an individualized education program meeting,
in whole or in part, when the meeting involves a modification to or
discussion of the member's area of the curriculum or related
services, if both of the following occur:
   (1) The parent and the local educational agency consent to the
excusal after conferring with the member.
   (2) The member submits in writing to the parent and the
individualized education program team, input into the development of
the individualized education program prior to the meeting.
   (h) A parent's agreement under subdivision (f) and consent under
subdivision (g) shall be in writing.
   (i) In the case of a child who was previously served under Chapter
4.4 (commencing with Section 56425), Early Education for Individuals
with Exceptional Needs, or the California Early Intervention
Services Act under Title 14 (commencing with Section 95000) of the
Government Code, an invitation to the initial individualized
education program team meeting shall, at the request of the parent,
be sent to the infants and toddlers with disabilities coordinator or
other representatives of the early education or early intervention
system to assist with the smooth transition of services.
56341.1.  (a) When developing each pupil's individualized education
program, the individualized education program team shall consider the
following:
   (1) The strengths of the pupil.
   (2) The concerns of the parents or guardians for enhancing the
education of the pupil.
   (3) The results of the initial assessment or most recent
assessment of the pupil.
   (4) The academic, developmental, and functional needs of the
child.
   (b) The individualized education program team shall do the
following:
   (1) In the case of a pupil whose behavior impedes his or her
learning or that of others, consider the use of positive behavioral
interventions and supports, and other strategies, to address that
behavior.
   (2) In the case of a pupil with limited-English proficiency,
consider the language needs of the pupil as those needs relate to the
pupil's individualized education program.
   (3) In the case of a pupil who is blind or visually impaired,
provide for instruction in braille, and the use of braille, unless
the individualized education program team determines, after an
assessment of the pupil's reading and writing skills, needs, and
appropriate reading and writing media, including an assessment of the
pupil's future needs for instruction in braille or the use of
braille, that instruction in braille or the use of braille is not
appropriate for the pupil.
   (4) Consider the communication needs of the pupil, and in the case
of a pupil who is deaf or hard of hearing, consider the pupil's
language and communication needs, opportunities for direct
communications with peers and professional personnel in the pupil's
language and communication mode, academic level, and full range of
needs, including opportunities for direct instruction in the pupil's
language and communication mode.
   (5) Consider whether the pupil requires assistive technology
devices and services as defined in paragraphs (1) and (2) of Section
1401 of Title 20 of the United States Code.
   (c) If, in considering the special factors described in
subdivisions (a) and (b), the individualized education program team
determines that a pupil needs a particular device or service,
including an intervention, accommodation, or other program
modification, in order for the pupil to receive a free appropriate
public education, the individualized education program team shall
include a statement to that effect in the pupil's individualized
education program.
   (d) The individualized education program team shall review the
pupil's individualized education program periodically, but not less
frequently than annually, to determine whether the annual goals for
the pupil are being achieved, and revise the individualized education
program, as appropriate, to address among other matters the
following:
   (1) Any lack of expected progress toward the annual goals and in
the general curriculum, where appropriate.
   (2) The results of any reassessment conducted pursuant to Section
56381.
   (3) Information about the pupil provided to, or by, the parents or
guardians, as described in subdivision (b) of Section 56381.
   (4) The pupil's anticipated needs.
   (5)  Any other relevant matter.
   (e) A regular education teacher of the pupil, who is a member of
the individualized education program team, shall participate in the
review and revision of the individualized education program of the
pupil consistent with subparagraph (C) of paragraph (1) of subsection
(d) of Section 1414 of Title 20 of the United States Code.
   (f) The parent or guardian shall have the right to present
information to the individualized education program team in person or
through a representative and the right to participate in meetings,
relating to eligibility for special education and related services,
recommendations, and program planning.
   (g) (1) Notwithstanding Section 632 of the Penal Code, the parent
or guardian, or local educational agency shall have the right to
record electronically the proceedings of individualized education
program team meetings on an audiotape recorder. The parent or
guardian, or local educational agency shall notify the members of the
individualized education program team of their intent to record a
meeting at least 24 hours prior to the meeting. If the local
educational agency initiates the notice of intent to audiotape record
a meeting and the parent or guardian objects or refuses to attend
the meeting because it will be tape recorded, the meeting shall not
be recorded on an audiotape recorder.
   (2) The Legislature hereby finds as follows:
   (A) Under federal law, audiotape recordings made by a local
educational agency are subject to the federal Family Educational
Rights and Privacy Act (20 U.S.C. Sec. 1232g), and are subject to the
confidentiality requirements of the regulations under Sections
300.560 to 300.575, inclusive, of Part 34 of the Code of Federal
Regulations.
   (B) Parents or guardians have the right, pursuant to Sections
99.10 to 99.22, inclusive, of Title 34 of the Code of Federal
Regulations, to do all of the following:
   (i) Inspect and review the tape recordings.
   (ii) Request that the tape recordings be amended if the parent or
guardian believes that they contain information that is inaccurate,
misleading, or in violation of the rights of privacy or other rights
of the individual with exceptional needs.
   (iii) Challenge, in a hearing, information that the parent or
guardian believes is inaccurate, misleading, or in violation of the
individual's rights of privacy or other rights.
   (h) It is the intent of the Legislature that the individualized
education program team meetings be nonadversarial and convened solely
for the purpose of making educational decisions for the good of the
individual with exceptional needs.
56341.2.  (a) In the case of a pupil with exceptional needs who has
been placed in a group home, as defined in subdivision (g) of Section
80001 of Title 22 of the California Code of Regulations, by the
juvenile court pursuant to Section 300, 601, or 602 of the Welfare
and Institutions Code, the district, special education local plan
area, or county office shall invite to the individualized education
program team meetings a representative of the group home.
   (b) This section shall not be construed to delay the
individualized education program process or to change the
individualized education program team requirements of subdivision (b)
of Section 56341.
56341.5.  (a) Each local educational agency convening a meeting of
the individualized education program team shall take steps to ensure
that no less than one of the parents or guardians of the individual
with exceptional needs are present at each individualized education
program meeting or are afforded the opportunity to participate.
   (b) Parents or guardians shall be notified of the individualized
education program meeting early enough to ensure an opportunity to
attend.
   (c) The individualized education program meeting shall be
scheduled at a mutually agreed-upon time and place. The notice of the
meeting under subdivision (b) shall indicate the purpose, time, and
location of the meeting and who shall be in attendance. Parents or
guardians shall also be informed in the notice of the right, pursuant
to clause (ii) of paragraph (1) of subsection (b) of Section 300.345
of Title 34 of the Code of Federal Regulations, to bring other
people to the meeting who have knowledge or special expertise
regarding the individual with exceptional needs.
   (d) As part of the participation of an individual with exceptional
needs in the development of an individualized education program, as
required by federal law, the individual with exceptional needs shall
be allowed to provide confidential input to any representative of his
or her individualized education program team.
   (e) For an individual with exceptional needs, beginning no later
than the effective date of the individualized education program in
effect when the individual reaches the age of 16 years, or younger if
determined appropriate by the individualized education program team,
the meeting notice shall also indicate that a purpose of the meeting
will be the consideration of the postsecondary goals and transition
services for the individual, pursuant to Section 56345.1 and
subclause (VIII) of clause (i) of subparagraph (A) of paragraph (1)
of subsection (d) of Section 1414 of Title 20 of the United States
Code, and the meeting notice shall indicate that the individual with
exceptional needs is invited to attend. If the pupil does not attend
the individualized education program meeting, the local educational
agency shall take steps to ensure that the pupil's preferences and
interests are considered in accordance with paragraph (2) of
subsection (b) of Section 300.344 of Title 34 of the Code of Federal
Regulations.
   (f) The meeting notice shall also identify any other local agency
in accordance with paragraph (3) of subsection (b) of Section 300.344
of Title 34 of the Code of Federal Regulations.
   (g) If no parent or guardian can attend the meeting, the local
educational agency shall use other methods to ensure parent or
guardian participation, including individual or conference telephone
calls.
   (h) A meeting may be conducted without a parent or guardian in
attendance if the local educational agency is unable to convince the
parent or guardian that he or she should attend. In this event, the
local educational agency shall maintain a record of its attempts to
arrange a mutually agreed-upon time and place, as follows:
   (1) Detailed records of telephone calls made or attempted and the
results of those calls.
   (2) Copies of correspondence sent to the parents or guardians and
any responses received.
   (3) Detailed records of visits made to the home or place of
employment of the parent or guardian and the results of those visits.
   (i) The local educational agency shall take any action necessary
to ensure that the parent or guardian understands the proceedings at
a meeting, including arranging for an interpreter for parents or
guardians with deafness or whose native language is a language other
than English.
   (j) The local educational agency shall give the parent or guardian
a copy of the individualized education program, at no cost to the
parent or guardian.
56342.  (a) The individualized education program team shall review
the assessment results, determine eligibility, determine the content
of the individualized education program, consider local
transportation policies and criteria developed pursuant to paragraph
(5) of subdivision (b) of Section 56195.8, and make program placement
recommendations.
   (b) In determining the program placement of an individual with
exceptional needs, each district, special education local plan area,
or county office shall ensure that the placement decisions and the
child's placement are made in accordance with Sections 300.550 to
300.554, inclusive, of Title 34 of the Code of Federal Regulations.
56342.1.  Before a district, special education local plan area, or
county office places an individual with exceptional needs in, or
refers an individual to, a nonpublic, nonsectarian school pursuant to
Section 56365, the district, special education local plan area, or
county office shall initiate and conduct a meeting to develop an
individualized education program in accordance with Sections 56341.1
and 56345 in accordance with paragraphs (1) and (2) of subsection (a)
of Section 300.349 of Title 34 of the Code of Federal Regulations.
56342.5.  Each district, special education local plan area, or
county office shall ensure that the parent of each individual with
exceptional needs is a member of any group that makes decisions on
the educational placement of the individual with exceptional needs.
56343.  An individualized education program team shall meet whenever
any of the following occurs:
   (a) A pupil has received an initial formal assessment.  The team
may meet when a pupil receives any subsequent formal assessment.
   (b) The pupil demonstrates a lack of anticipated progress.
   (c) The parent or teacher requests a meeting to develop, review,
or revise the individualized education program.
   (d) At least annually, to review the pupil's progress, the
individualized education program, including whether the annual goals
for the pupil are being achieved, and the appropriateness of
placement, and to make any necessary revisions.  The individualized
education program team conducting the annual review shall consist of
those persons specified in subdivision (b) of Section 56341.  Other
individuals may participate in the annual review if they possess
expertise or knowledge essential for the review.
56343.5.  A meeting of an individualized education program team
requested by a parent to review an individualized education program
pursuant to subdivision (c) of Section 56343 shall be held within 30
days, not counting days between the pupil's regular school sessions,
terms, or days of school vacation in excess of five schooldays, from
the date of receipt of the parent's written request.  If a parent
makes an oral request, the school district shall notify the parent of
the need for a written request and the procedure for filing a
written request.
56344.  (a) An individualized education program required as a result
of an assessment of a pupil shall be developed within a total time
not to exceed 60 days, not counting days between the pupil's regular
school sessions, terms, or days of school vacation in excess of five
schooldays, from the date of receipt of the parent's written consent
for assessment, unless the parent agrees, in writing, to an
extension. However, an individualized education program required as a
result of an assessment of a pupil shall be developed within 30 days
after the commencement of the subsequent regular school year as
determined by each district's school calendar for each pupil for whom
a referral has been made 20 days or less prior to the end of the
regular school year. In the case of pupil school vacations, the
60-day time shall recommence on the date that pupil schooldays
reconvene. A meeting to develop an initial individualized education
program for the pupil shall be conducted within 30 days of a
determination that the pupil needs special education and related
services pursuant to paragraph (2) of subsection (b) of Section
300.343 of Title 34 of the Code of Federal Regulations.
   (b) Each district, special education local plan area, or county
office shall have an individualized education program in effect for
each individual with exceptional needs within its jurisdiction at the
beginning of each school year in accordance with subdivision (a) and
pursuant to subsections (a) and (b) of Section 300.342 of Title 34
of the Code of Federal Regulations.
56345.  (a) The individualized education program is a written
statement for each individual with exceptional needs that is
developed, reviewed, and revised in accordance with this section, as
required by subsection (d) of Section 1414 of Title 20 of the United
States Code, and that includes the following:
   (1) A statement of the individual's present levels of academic
achievement and functional performance, including the following:
   (A) The manner in which the disability of the individual affects
his or her involvement and progress in the general education
curriculum.
   (B) For preschool children, as appropriate, the manner in which
the disability affects his or her participation in appropriate
activities.
   (C) For individuals with exceptional needs who take alternate
assessments aligned to alternate achievement standards, a description
of benchmarks or short-term objectives.
   (2) A statement of measurable annual goals, including academic and
functional goals, designed to do the following:
   (A) Meet the individual's needs that result from the individual's
disability to enable the pupil to be involved in and make progress in
the general curriculum.
   (B) Meet each of the pupil's other educational needs that result
from the individual's disability.
   (3) A description of the manner in which the progress of the pupil
toward meeting the annual goals described in paragraph (2) will be
measured and when periodic reports on the progress the pupil is
making toward meeting the annual goals, such as through the use of
quarterly or other periodic reports, concurrent with the issuance of
report cards, will be provided.
   (4) A statement of the special education and related services and
supplementary aids and services, based on peer-reviewed research to
the extent practicable, to be provided to the pupil, or on behalf of
the pupil, and a statement of the program modifications or supports
for school personnel that will be provided to the pupil to do the
following:
   (A) To advance appropriately toward attaining the annual goals.
   (B) To be involved in and make progress in the general education
curriculum in accordance with paragraph (1) and to participate in
extracurricular and other nonacademic activities.
   (C) To be educated and participate with other individuals with
exceptional needs and nondisabled pupils in the activities described
in this subdivision.
   (5) An explanation of the extent, if any, to which the pupil will
not participate with nondisabled pupils in the regular class and in
the activities described in subparagraph (C) of paragraph (4).
   (6) (A) A statement of any individual appropriate accommodations
that are necessary to measure the academic achievement and functional
performance of the pupil on state and districtwide assessments
consistent with subparagraph (A) of paragraph (16) of subsection (a)
of Section 1412 of Title 20 of the United States Code.
   (B) If the individualized education program team determines that
the pupil shall take an alternate assessment on a particular state or
districtwide assessment of pupil achievement, a statement of the
following:
   (i) The reason why the pupil cannot participate in the regular
assessment.
   (ii) The reason why the particular alternate assessment selected
is appropriate for the pupil.
   (7) The projected date for the beginning of the services and
modifications described in paragraph (4), and the anticipated
frequency, location, and duration of those services and
modifications.
   (8) Beginning not later than the first individualized education
program to be in effect when the pupil is 16 years of age, and
updated annually thereafter, the following shall be included:
   (A) Appropriate measurable postsecondary goals based upon
age-appropriate transition assessments related to training,
education, employment, and where appropriate, independent living
skills.
   (B) The transition services, as defined in Section 56345.1,
including courses of study, needed to assist the pupil in reaching
those goals.
   (b) If appropriate, the individualized education program shall
also include, but not be limited to, all of the following:
   (1) For pupils in grades 7 to 12, inclusive, any alternative means
and modes necessary for the pupil to complete the district's
prescribed course of study and to meet or exceed proficiency
standards for graduation.
   (2) For individuals whose native language is other than English,
linguistically appropriate goals, objectives, programs, and services.
   (3) Pursuant to Section 300.309 of Title 34 of the Code of Federal
Regulations, extended school year services shall be included in the
individualized education program and provided to the pupil if the
pupil's individualized education program team determines, on an
individual basis, that the services are necessary for the provision
of a free appropriate public education to the pupil.
   (4) Provision for the transition into the regular class program if
the pupil is to be transferred from a special class or nonpublic,
nonsectarian school into a regular class in a public school for any
part of the schoolday, including the following:
   (A) A description of activities provided to integrate the pupil
into the regular education program. The description shall indicate
the nature of each activity, and the time spent on the activity each
day or week.
   (B) A description of the activities provided to support the
transition of pupils from the special education program into the
regular education program.
   (5) For pupils with low-incidence disabilities, specialized
services, materials, and equipment, consistent with guidelines
established pursuant to Section 56136.
   (c) It is the intent of the Legislature in requiring
individualized education programs, that the local educational agency
is responsible for providing the services delineated in the
individualized education program.  However, the Legislature
recognizes that some pupils may not meet or exceed the growth
projected in the annual goals and objectives of the pupil's
individualized education program. Pursuant to paragraph (2) of
subsection (a) of Section 300.350 of Title 34 of the Code of Federal
Regulations, public education agencies shall make a good faith effort
to assist each individual with exceptional needs to achieve the
goals and objectives or benchmarks listed in the individualized
education program of the pupil.
   (d) Consistent with Section 56000.5 and clause (iv) of
subparagraph (B) of paragraph (3) of subsection (d) of Section 1414
of Title 20 of the United States Code, it is the intent of the
Legislature that, in making a determination of the services that
constitute an appropriate education to meet the unique needs of a
deaf or hard-of-hearing pupil in the least restrictive environment,
the individualized education program team shall consider the related
services and program options that provide the pupil with an equal
opportunity for communication access. The individualized education
program team shall specifically discuss the communication needs of
the pupil, consistent with "Deaf Students Education Services Policy
Guidance" (57 Fed. Reg. 49274 (October 1992)), including all of the
following:
   (1) The pupil's primary language mode and language, which may
include the use of spoken language with or without visual cues, or
the use of sign language, or a combination of both.
   (2) The availability of a sufficient number of age, cognitive, and
language peers of similar abilities, which may be met by
consolidating services into a local plan areawide program or
providing placement pursuant to Section 56361.
   (3) Appropriate, direct, and ongoing language access to special
education teachers and other specialists who are proficient in the
pupil's primary language mode and language consistent with existing
law regarding teacher training requirements.
   (4) Services necessary to ensure communication-accessible academic
instructions, school services, and extracurricular activities
consistent with the federal Vocational Rehabilitation Act of 1973 (29
U.S.C. Sec. 794 et seq.) and the federal Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
   (e) State moneys appropriated to districts or local agencies may
not be used for any additional responsibilities and services
associated with paragraphs (1) and (2) of subdivision (d), including
the training of special education teachers and other specialists,
even if those additional responsibilities or services are required
pursuant to a judicial or state agency determination. Those
responsibilities and services shall only be funded by a local
educational agency as follows:
   (1) The costs of those activities shall be funded from existing
programs and funding sources.
   (2) Those activities shall be supported by the resources otherwise
made available to those programs.
   (3) Those activities shall be consistent with Sections 56240 to
56243, inclusive.
   (f) It is the intent of the Legislature that the communication
skills of teachers who work with hard-of-hearing and deaf children be
improved. This section does not remove the local educational agency'
s discretionary authority in regard to in-service activities.
   (g) Beginning not later than one year before the pupil reaches the
age 18, a statement that the pupil has been informed of the pupil's
rights under this part, if any, that will transfer to the pupil upon
reaching the age of 18 pursuant to Section 56041.5.
   (h) The individualized education program team is not required to
include information under one component of a pupil's individualized
education program that is already contained under another component
of the individualized education program.
   (i) This section does not require that additional information,
beyond that expressly required by Section 1414 of Title 20 of the
United States Code and this part, be included in the individualized
education program of a pupil.
56345.1.  (a) The term "transition services," as defined in
paragraph (34) of Section 1401 of Title 20 of the United States Code
and as used in subparagraph (B) of paragraph (8) of subdivision (a)
of Section 56345, means a coordinated set of activities for an
individual with exceptional needs that does all of the following:
   (1) Is designed within an outcome-oriented process, that promotes
movement from school to postschool activities, including
postsecondary education, vocational training, integrated employment,
including supported employment, continuing and adult education, adult
services, independent living, or community participation.
   (2) Is based upon the individual pupil's needs, taking into
account the pupil's preferences and interests.
   (3) Includes instruction, related services, community experiences,
the development of employment and other postschool adult living
objectives, and, if appropriate, acquisition of daily living skills
and functional vocational evaluation.
   (b) If a participating agency, other than the local educational
agency, fails to provide the transition services described in the
pupil's individualized education program in accordance with paragraph
(6) of subsection (d) of Section 1414 of Title 20 of the United
States Code and paragraph (8) of subdivision (a) of Section 56345,
the local educational agency shall reconvene the individualized
education program team to identify alternative strategies to meet the
transition service needs for the pupil set out in the program.
56345.5.  Except as prescribed in subdivision (b) of Section 56324,
nothing in this part shall be construed to authorize districts,
special education local plan areas, or county offices to prescribe
health care services.
56346.  (a) A local educational agency that is responsible for
making a free appropriate public education and related services to
the child with a disability under this part shall seek to obtain
informed consent from the parent of the child before providing
special education and related services to the child pursuant to
subclause (II) of clause (i) of subparagraph (D) of paragraph (1) of
subsection (a) of Section 1414 of Title 20 of the United States Code.
   (b) If the parent of the child refuses to consent to the
initiation of services pursuant to subdivision (a), the local
educational agency shall not provide special education and related
services to the child by utilizing the procedures in Section 1415 of
Title 20 of the United States Code or the procedures in subdivision
(e) of Section 56506.
   (c) If the parent of the child refuses to consent to the receipt
of special education and related services, or the parent fails to
respond to a request to provide the consent, both of the following
are applicable:
   (1) The local educational agency shall not be considered to be in
violation of the requirement to make available a free appropriate
public education to the child for the failure to provide the child
with the special education and related services for which the local
educational agency requests consent.
   (2) The local educational agency shall not be required to convene
an individualized education program meeting or develop an
individualized education program under this part for the child for
the special education and related services for which the local
educational agency requests consent.
   (d) If the parent or guardian of a child who is an individual with
exceptional needs refuses all services in the individualized
education program after having consented to those services in the
past, the local educational agency shall file a request for due
process pursuant to Chapter 5 (commencing with Section 56500).
   (e) If the parent of the child consents in writing to the receipt
of special education and related services for the child but does not
consent to all of the components of the individualized education
program, those components of the program to which the parent has
consented shall be implemented so as not to delay providing
instruction and services to the child.
   (f) If the local educational agency determines that the proposed
special education program component to which the parent does not
consent is necessary to provide a free appropriate public education
to the child, a due process hearing shall be initiated in accordance
with subsection (f) of Section 1415 of Title 20 of the United States
Code. If a due process hearing is held, the hearing decision shall be
the final administrative determination and shall be binding upon the
parties. While a resolution session, mediation conference, or due
process hearing is pending, the child shall remain in his or her
current placement, unless the parent and the local educational agency
agree otherwise.
56347.  Each district, special education local plan area, or county
office shall, prior to the placement of the individual with
exceptional needs, ensure that the regular teacher or teachers, the
special education teacher or teachers, and other persons who provide
special education, related services, or both to the individual with
exceptional needs have access to the pupil's individualized education
program, shall be knowledgeable of the content of the individualized
education program, and shall be informed of his or her specific
responsibilities related to implementing a pupil's individualized
education program and the specific accommodations, modifications and
supports that shall be provided for the pupil in accordance with the
individualized education program, pursuant to paragraphs (2) and (3)
of subsection (b) of Section 300.342 of Title 34 of the Code of
Federal Regulations.  A copy of each individualized education program
shall be maintained at each schoolsite where the pupil is enrolled.
Service providers from other agencies who provide instruction or a
related service to the individual off the schoolsite shall be
provided a copy of the individualized education program.  All
individualized education programs shall be maintained in accordance
with state and federal pupil record confidentiality laws.