Cal. Code Regs. tit. 5 § 3064

Current through Register 2024 Notice Reg. No. 18, May 3, 2024

Section 3064 - Staff Qualifications - Special Education Instruction

(a) In each classroom for which the nonpublic school is seeking certification, the nonpublic school shall deliver instruction utilizing personnel who possess a credential authorizing the holder to deliver special education instruction according to the age range and disabling conditions of individuals with exceptional needs enrolled in the nonpublic school.

(1) During situations when instructional personnel leave the employ of the nonpublic school with little or no notice, the nonpublic school may employ a person who holds a Provisional Internship Permit or a Short Term Staff Permit.

(b) Instruction shall be directed and delivered pursuant to the IEP, the master contract and the individual service agreement.

(c) To provide special education instruction for individuals with exceptional needs younger than three years of age, as described in Education Code, Part 30, chapter 4.4, the nonpublic school shall comply with the provisions of Education Code section 56425 et seq., and Education Code section 56426.2(e) regarding adult to child ratios.

(d) To provide special education instruction for individuals with exceptional needs between the ages of three and five years, inclusive, as described in Education Code, Part 30, chapter 4.45, the nonpublic school shall comply with the provisions of Education Code section 56440 et seq., and Education Code section 56441.5 regarding appropriate instructional adult-to-child-ratios.

(e) Nonpublic schools and nonpublic agencies shall comply with the personnel standards and qualifications pursuant to Education Code section 45340 et seq., and Education Code section 45350 et seq., regarding instructional aides and teacher assistants, respectively.

(f) Nonpublic schools and nonpublic agencies shall comply with all of the laws and regulations governing the licensed professions, in particular the provisions with respect to supervision. Nonpublic schools and nonpublic agencies may use assistants to the extent authorized by state and federal law.

Cal. Code Regs. Tit. 5, § 3064

1. New section filed 7-18-97 as an emergency; operative 7-18-97 (Register 97, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-17-97 or emergency amendments will be repealed by operation of law on the following day. For prior history, see Register 95, No. 49.
2. New section refiled 11-14-97 as an emergency; operative 11-14-97 (Register 97, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-16-98 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 16).
4. New section filed 4-16-98 as an emergency; operative 4-16-98 (Register 98, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-14-98 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
6. New section filed 8-19-98 as an emergency; operative 8-19-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-17-98 or emergency language will be repealed by operation of law on the following day.
7. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 52).
8. New section filed 12-21-98 as an emergency; operative 12-21-98 (Register 98, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-20-99 or emergency language will be repealed by operation of law on the following day.
9. Repealer and new section filed 3-25-99 as an emergency; operative 3-25-99 (Register 99, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-99 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-25-99 order, including repealer and new section, transmitted to OAL 7-23-99 and filed 9-1-99 (Register 99, No. 36).
11. Amendment of section and NOTE filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
12. Change without regulatory effect amending subsections (a)(1) and (c)-(d) and amending NOTE filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
13. Amendment of subsection (a)(1) filed 5-5-2014; operative 7-1-2014 (Register 2014, No. 19).

Note: Authority cited: Sections 33031 and 56100, Education Code. Reference: Sections 45340, 45350, 56366.1 and 56425, Education Code.

1. New section filed 7-18-97 as an emergency; operative 7-18-97 (Register 97, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-17-97 or emergency amendments will be repealed by operation of law on the following day. For prior history, see Register 95, No. 49.
2. New section refiled 11-14-97 as an emergency; operative 11-14-97 (Register 97, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-16-98 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 16).
4. New section filed 4-16-98 as an emergency; operative 4-16-98 (Register 98, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-14-98 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
6. New section filed 8-19-98 as an emergency; operative 8-19-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-17-98 or emergency language will be repealed by operation of law on the following day.
7. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 52).
8. New section filed 12-21-98 as an emergency; operative 12-21-98 (Register 98, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-20-99 or emergency language will be repealed by operation of law on the following day.
9. Repealer and new section filed 3-25-99 as an emergency; operative 3-25-99 (Register 99, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-99 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-25-99 order, including repealer and new section, transmitted to OAL 7-23-99 and filed 9-1-99 (Register 99, No. 36).
11. Amendment of section and Note filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).
12. Change without regulatory effect amending subsections (a)(1) and (c)-(d) and amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
13. Amendment of subsection (a)(1) filed 5-5-2014; operative 7/1/2014 (Register 2014, No. 19).