California Codes

Cal. Education Code § 56031 (2026)

✓ current as of May 2026

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(a)“Special education,” in accordance with Section 1401(29) of Title 20 of the United States Code, means specially designed instruction, at no cost to the parent, to meet the unique needs of individuals with exceptional needs, including instruction conducted in the classroom, in the home, in hospitals and institutions, and other settings, and instruction in physical education.

(b)In accordance with Section 300.39 of Title 34 of the Code of Federal Regulations, special education includes each of the following, if the services otherwise meet the requirements of subdivision (a):

(1)Speech-language pathology services, or any other designated instruction and service or related service, pursuant to Section 56363, if the service is considered special education rather than a designated instruction and service or related service under state standards.

(2)Travel training.

(3)Vocational education.

(c)Transition services for individuals with exceptional needs may be special education, in accordance with Section 300.43(b) of Title 34 of the Code of Federal Regulations, if provided as specially designed instruction, or a related service, if required to assist an individual with exceptional needs to benefit from special education.

(d)Individuals with exceptional needs shall be grouped for instructional purposes according to their instructional needs.

(e)This section shall not be construed to prohibit an individualized education program from including specialized deaf and hard-of-hearing related services as the only services.

Notes of Decisions

Cited in 4 cases, 2010–2020 · leading case: B.H. v. Manhattan Beach Unified Sch. Dist., 247 Cal. Rptr. 3d 501 (Cal. Ct. App. 5th 2019).

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B.H. v. Manhattan Beach Unified Sch. Dist., 247 Cal. Rptr. 3d 501 (Cal. Ct. App. 5th 2019). “39 ; Ed. Code, § 56031.) "Related services," including transportation and supportive services, must be provided if they are necessary to enable an eligible child with a disability to benefit from his special education program.”

D.R. Ex Rel. Courtney R. v. Antelope Valley Union High Sch. Dist., 746 F. Supp. 2d 1132 (C.D. Cal. 2010). “as may be required to assist an individual with exceptional needs to benefít from special education .”

B.H. v. Manhattan Beach Sch. Dist. (Cal. Ct. App. 2019). “39 ; Ed. Code, § 56031.) “Related services,” including transportation and supportive services, must be provided if they are necessary to enable an eligible child with a disability to benefit from his special education program.”

G.R. v. Del Mar Union High Sch. Dist. (S.D. Cal. 2020). “114 ; Cal. Educ. Code § 56031 , 56033.5. 20 Furthermore, the ALJ reasoned “Student’s reliance on his minor regression in 21 productivity, safety, and respect to justify the need for a residential placement is misplaced.”

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