1. (a) General Provisions.

   1. (1) Related services may be provided to individuals or to small groups in a specialized area of educational need, and throughout the full continuum of educational settings.
   2. (2) Related services, when needed are determined by the IEP.

   3. (3) All entities and individuals providing related services shall meet the qualifications found in 34 C.F.R. sections 300.156(b) and 3001(r) and the applicable portions of section 3051 et seq. and shall be either:

      1. (A) Employees of the school district or county office, or
      2. (B) Employed under contract pursuant to Education Code sections 56365-56366, or
      3. (C) Employees, vendors or contractors of the State Departments of Health Care Services or State Hospitals, or any designated local public health or mental health agency.
   4. (4) To be eligible for certification to provide related services to individuals with exceptional needs, nonpublic schools and nonpublic agencies shall meet the requirements of this section.

   5. (5) An individual providing related services out of state, pursuant to sections 56365 and 56366 of the Education Code, as required in a pupil's IEP, must:

      1. (A) Hold a current valid credential or license to render that related service as required by that state, and
      2. (B) Be employed by a nonpublic, nonsectarian school or agency certified by the CDE.

Note: Authority cited: Sections 33031, 56100 and 56366.1, Education Code. Reference: Sections 56363, 56365 and 56366, Education Code; and 34 C.F.R. Sections 300.12, 300.18, 300.34 and 300.156(b).

History

1. Amendment filed 3-21-88; operative 4-20-88 (Register 88, No. 15).

2. Amendment of subsections (a)(2) and (a)(3)(B) and Note 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 A Certificate of Compliance must be transmitted to OAL by 11-17-97 or emergency amendments will be repealed by operation of law on the following day.

3. Amendment of subsections (a)(2) and (a)(3)(B) and amendment of Note 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 A Certificate of Compliance must be transmitted to OAL by 3-16-98 or emergency language will be repealed by operation of law on the following day.

4. Reinstatement of section and Note as they existed prior to 7-18-97 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 16).

5. Amendment of subsections (a)(2) and (a)(3)(B) and amendment of Note 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.

6. Reinstatement of section and Note as they existed prior to 4-16-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 34).

7. Amendment of subsections (a)(2) and (a)(3)(B) and amendment of Note 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.

8. Reinstatement of section and Note as they existed prior to 8-19-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 98, No. 52).

9. Amendment of subsections (a)(2) and (a)(3)(B)-(C) and amendment of Note 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.

10. 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.

11. Certificate of Compliance as to 3-25-99 order transmitted to OAL 7-23-99 and filed 9-1-99 (Register 99, No. 36).

12. Amendment of section heading, section and Note filed 3-27-2009; operative 4-26-2009 (Register 2009, No. 13).

13. Amendment of section heading, section and Note filed 5-5-2014; operative 7-1-2014 (Register 2014, No. 19).