California Special Education Requirements
What special education requirements does California have beyond federal law?
California has several state-specific special education requirements that go beyond federal IDEA mandates. The SELPA (Special Education Local Plan Area) system is foundational to California's approach: under EC 56195-56208, California organizes special education service delivery through approximately 130 SELPAs, which may be single school districts, multi-district consortia, or county offices of education. Each SELPA must have a local plan that describes how services will be provided, how funding will be allocated, and what governance structure will be used. The CDE's Special Education Division oversees state compliance through the Compliance Program (formerly the Coordinated Compliance Review) and the Performance Indicator Review. Key California-specific requirements include: (1) the 'direct relationship' requirement (5 CCR 3040(b))—every element of the IEP (present levels, goals, services) must logically connect; (2) DIS framework (EC 56363)—California's expansive definition of related services; (3) NPS/NPA certification (EC 56365-56366)—private schools and agencies providing special education must be CDE-certified; (4) AB 438 transition amendment—if the IEP team determines it appropriate, transition planning may begin when the student enters their high school experience, with age 16 remaining as the mandatory backstop; (5) surrogates—under EC 56050, a surrogate parent must be assigned within 30 calendar days for students who are wards of the court, unaccompanied homeless youth, or have no identified parent; (6) mental health services—AB 114 (2011) transferred responsibility for educationally related mental health services from county mental health agencies to school districts; (7) ESY (Extended School Year)—under EC 56345(b)(3) and 5 CCR 3043, ESY services must be provided if the IEP team determines the student will suffer from regression that cannot be recouped within a reasonable time; (8) interdistrict transfers—EC 56325 governs how IEPs follow students across district lines.
What California Requires
SELPAs are the organizational unit for special education in California; each SELPA must have a local plan addressing service delivery, funding, and governance (EC 56195-56208).
The 'direct relationship' requirement mandates that present levels, goals, and services in the IEP must logically connect (5 CCR 3040(b)).
Nonpublic schools (NPS) and nonpublic agencies (NPA) providing special education must be certified pursuant to EC 56366.1 and meet state standards. EC 56365 governs LEA contracting with NPS/NPA and establishes requirements for placement.
A surrogate parent must be assigned for students who are wards of the court, unaccompanied homeless youth, or have no identified parent. EC 56050 defines surrogate parent authority; 34 CFR 300.519(h) requires assignment within 30 days for unaccompanied homeless youth; Government Code 7579.5 provides additional CA requirements.
School districts are responsible for providing educationally related mental health services (since AB 114, 2011); these are no longer provided by county mental health agencies.
Extended School Year (ESY) services must be offered when the IEP team determines the student will experience significant regression that cannot be recouped in a reasonable time (EC 56345(b)(3); 5 CCR 3043).
RTI/MTSS cannot be used to delay or deny a referral for special education assessment (EC 56301(d)).
Key Timelines
Surrogate parent must be assigned within 30 days for unaccompanied homeless youth (34 CFR 300.519(h)); EC 56050 defines authority; Government Code 7579.5 provides additional CA procedures.
SELPA local plans must be updated and submitted to the CDE as required by the Superintendent of Public Instruction.
ESY determinations must be made as part of the annual IEP review, with services beginning at the end of the regular school year if needed.
CDE compliance reviews occur on a cyclical basis as part of the Compliance Program.