Sec. 11518.25 - Pupils with Disabilities

ยง 11518.25. Pupils with Disabilities

(a) Except as otherwise provided in this Article, all provisions of Article 2 shall apply to pupils with disabilities.

(b) When administering an initial or summative assessment to a pupil with a disability, the LEA shall provide the designated supports and the accommodations specified in section 11518.35 in accordance with the pupil's IEP or Section 504 Plan.

(c) When a pupil's IEP or Section 504 Plan specifies that the pupil has a disability that precludes assessment such that there are no appropriate accommodations for assessment in one or more of the listening, speaking, reading, and writing domains, the pupil shall be assessed in the remaining domains in which it is possible to assess the pupil.

(1) A pupil may be assigned an overall score only if assessed in both oral and written language. To be considered assessed in oral language, the student must have been assessed in either listening or speaking. To be considered assessed in written language, the student must have been assessed in either reading or writing.

(d) Once the Alternate ELPAC referenced in section 11518.30(b), (c), and (d) is operative, if the pupil's IEP team determines that the pupil has a significant cognitive disability and is eligible for the Alternate ELPAC, section 11518.25(c) will not apply.

(1. New article 3 (sections 11518.25-11518.30) and section filed 6-5-2017; operative 10-1-2017 (Register 2017, No. 23). 2. Amendment of section and Note filed 8-3-2018 as an emergency; operative 8-3-2018 (Register 2018, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-30-2019 or emergency language will be repealed by operation of law on the following day. 3. Certificate of Compliance as to 8-3-2018 order transmitted to OAL 11-16-2018 and filed 12-31-2018 (Register 2019, No. 1). 4. New subsection (d) and amendment of Note filed 8-1-2019 as an emergency; operative 8-1-2019 (Register 2019, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2020 or emergency language will be repealed by operation of law on the following day. 5. New subsection (d) and amendment of Note refiled 1-17-2020 as an emergency; operative 1-29-2020 (Register 2020, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-28-2020 or emergency language will be repealed by operation of law on the following day.)

Note: Authority cited: Section 33031, Education Code. Reference: Sections 306, 313, 37200, 60810 and 60900, Education Code; 20 U.S.C. Sections 1412, 6311, 6312, 6821, 6823, 6825 and 6826; and 34 Code of Federal Regulations Section 200.6.

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