California Codes

Cal. Education Code § 56000 (2026)

✓ current as of May 2026

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(a)The Legislature finds and declares that all individuals with exceptional needs have a right to participate in free appropriate public education and special educational instruction and services for these persons are needed in order to ensure the right to an appropriate educational opportunity to meet their unique needs.

(b)The Legislature further finds and declares that special education is an integral part of the total public education system and provides education in a manner that promotes maximum interaction between children or youth with disabilities and children or youth who are not disabled, in a manner that is appropriate to the needs of both.

(c)The Legislature further finds and declares that special education provides a full continuum of program options, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings, and instruction in physical education, to meet the educational and service needs in the least restrictive environment.

(d)It is the intent of the Legislature to unify and improve special education programs in California under the flexible program design of the Master Plan for Special Education. It is the further intent of the Legislature to ensure that all individuals with exceptional needs are provided their rights to appropriate programs and services which are designed to meet their unique needs under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).

(e)It is the further intent of the Legislature that this part does not abrogate any rights provided to individuals with exceptional needs and their parents or guardians under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). It is also the intent of the Legislature that this part does not set a higher standard of educating individuals with exceptional needs than that established by Congress under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).

(f)It is the further intent of the Legislature that the Master Plan for Special Education provide an educational opportunity for individuals with exceptional needs that is equal to or better than that provided prior to the implementation of programs under this part, including, but not limited to, those provided to individuals previously served in a development center for handicapped pupils.

(g)It is the intent of the Legislature that the restructuring of special education programs as set forth in the Master Plan for Special Education be implemented in accordance with this part by all districts and county offices.

Notes of Decisions

Cited in 49 cases (6 in the last 5 years), 1982–2026 · leading case: T.B. ex rel. Brenneise v. San Diego Unified Sch. Dist., 806 F.3d 451 (9th Cir. 2015).

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T.B. ex rel. Brenneise v. San Diego Unified Sch. Dist., 806 F.3d 451 (9th Cir. 2015). · cites it 2× “§ 1400 (d)(1)(A); Cal. Educ.Code § 56000 et seq. From the perspective of the parents, therefore, it would not have been an advantage for the agreement to extend as long as the district court presumed that it would.”

People v. I.V., 11 Cal. App. 5th 249 (Cal. Ct. App. 2017). “” An “individual[] with exceptional needs” is one who *256 has been identified by an IEP team as a “child with a disability” under the IDEA; has an impairment that “requires instruction and services which cannot be provided with modification of the regular school program”; and…”

In Re Carl R., 27 Cal. Rptr. 3d 612 (Cal. Ct. App. 2005). “" (Ed.Code, § 56000.) [9] The cases cited by appellants, Sacramento City Unified School District v.”

People v. Angela M., 2003 Cal. Daily Op. Serv. 8512 (Cal. Ct. App. 2003). “Remand Is Necessary To Permit the Juvenile Court To Make Proper Findings Regarding Angela’s Educational Needs Education Code section 56000 declares that “all individuals with exceptional needs have a right to participate in free appropriate public education .”

Levi v. O'connell, 2006 Cal. Daily Op. Serv. 10317 (Cal. Ct. App. 2006). · cites it 3× “), and the federal Individuals with Disabilities Education Act (IDEA). ( 20 U.”

Porter Ex Rel. Porter v. Bd. of Trs. of Manhattan Beach Unified Sch. Dist., 123 F. Supp. 2d 1187 (C.D. Cal. 2000). · cites it 6× “§ 1415 (i)(2); and (4) a violation of California Education Code section 56000 et seq.”

Everett H. ex rel. Havey v. Dry Creek Jt. Elementary Sch. Dist., 5 F. Supp. 3d 1167 (E.D. Cal. 2014). · cites it 2× “Cal. Educ.Code § 56000 et seq., Cal.Code Regs.”

B.H. v. Manhattan Beach Unified Sch. Dist., 247 Cal. Rptr. 3d 501 (Cal. Ct. App. 5th 2019). · cites it 2× “…to all eligible children at no cost to their parents or guardians. ( 20 U.S.C §§ 1401(9), (29), 1412(a)(1)(A) ; *568 Ed. Code, §§ 56000, et. seq., esp. § 56040, subd. (a).) These statutory schemes guarantee a "free appropriate public education," commonly referred to as a…”

Keech v. Berkeley Unified Sch. Dist., 162 Cal. App. 3d 464 (Cal. Ct. App. 1984). · cites it 2× “§§ 1400-1461) and the provisions of the California Education Code dealing with Special Education Programs (Ed. Code, § 56000 et seq.) establish the duties allegedly breached by appellants here.”

Grossmont Union High Sch. Dist. v. STATE Dep't OF Educ., 169 Cal. App. 4th 869 (Cal. Ct. App. 2008). “Cal. Educ. Code § 56000 ____[f] . . . [f] “The IDEA also contains numerous procedural safeguards.”

Dep't of Health Care Servs. v. Off. of Admin. Hearings, 6 Cal. App. 5th 120 (Cal. Ct. App. 2016). “§ 1400 (d); Ed. Code, § 56000.) 2 A FAPE consists of “special education and related services” that *129 are provided to the child at no charge to the parent or guardian, meet state educational standards, and conform to the child’s individualized education program (IEP).”

Cnty. of San Diego v. California Special Educ. Hearing Off. Grossmont Union High Sch. Dist., Rosalind Fox, Counter-Defendant-Appellee, 93 F.3d 1458 (9th Cir. 1996). “Cal. Educ.Code § 56000. An “individual with exceptional needs” is defined as a person who meets the age requirements, has been identified by an IEP team as “handicapped,” whose impairment requires instruc *1462 tion or services which cannot be provided with modification of the…”

Show all 49 citing cases →

— Cal. Education Code § 56000(a) — 1 case

A.G. Ex Rel. C.G. v. Paso Robles Jt. Unified Sch. Dist., 561 F. App'x 642 (9th Cir. 2014).

— Cal. Education Code § 56000(e) — 1 case

Poway Unified Sch. Dist. v. Cheng Ex Rel. Cheng, 821 F. Supp. 2d 1197 (S.D. Cal. 2011).

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