Ed. Code, § 56366.2 · Article 4. Implementation
Ed. Code, § 56366.2
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A local educational agency, nonpublic, nonsectarian school, or nonpublic, nonsectarian agency may petition the Superintendent to waive one or more of the requirements under Sections 56365, 56366, 56366.3, and 56366.6. The petition shall state the reasons for the waiver request, and shall include the following:
(1) Sufficient documentation to demonstrate that the waiver is necessary to the content and implementation of a specific pupil’s individualized education program and the pupil’s current placement.
(2) The period of time that the waiver will be effective during any one school year.
(3) Documentation and assurance that the waiver does not abrogate any right provided to individuals with exceptional needs and their parents or guardians under state or federal law, and does not hinder the compliance of a local educational agency with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and federal regulations relating to those acts.
(b) No waiver shall be granted for reimbursement of those costs prohibited under Article 4 (commencing with Section 56836.20) of Chapter 7.2 of Part 30 or for the certification requirements pursuant to Section 56366.1 unless approved by the board pursuant to Section 56101.
(c) In submitting the annual report on waivers granted under Section 56101 and this section to the board, the Superintendent shall specify information related to the provision of special education and related services to individuals with exceptional needs through contracts with nonpublic, nonsectarian schools and agencies located in the state, nonpublic, nonsectarian school and agency placements in facilities located out of state, and the specific section waived pursuant to this section.
Notes and commentary — not statutory text
History
Amended by Stats. 2007, Ch. 56, Sec. 62. Effective January 1, 2008.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=56366.2.
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- sha256 0e8f27becca347471cdc4ca09b49c96d4185007064987fb83686d27b229a3b7c
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Education Code
- Ed. Code, § 56101Printed as Section 56101
- Ed. Code, § 56365Printed as Sections 56365, 56366, 56366.3, and 56366.6
- Ed. Code, § 56366Printed as Sections 56365, 56366, 56366.3, and 56366.6
- Ed. Code, § 56366.1Printed as Section 56366.1
- Ed. Code, § 56366.6Printed as Sections 56365, 56366, 56366.3, and 56366.6
- Ed. Code, tit. 2, div. 4, pt. 30, ch. 7.2, art. 4Nonpublic, Nonsectarian School ContractsPrinted as Article 4 (commencing with Section 56836.20) of Chapter 7.2 of Part 30
Cited by 2 provisions
Provisions in this library whose text cites Ed. Code, § 56366.2. Each shows the citation as that text prints it.
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