California Code of Regulations
Title 5 - Education
Division 1 - California Department of Education
Chapter 3 - Individuals with Exceptional Needs
Subchapter 1 - Special Education
Article 3 - Identification, Referral, and Assessment
Section 3023 - Assessment and Reassessment
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) In addition to provisions of Education Code sections 56320 and 56381, assessments and reassessments shall be administered by qualified personnel who are competent in both the oral or sign language skills and written skills of the individual's primary language or mode of communication and have a knowledge and understanding of the cultural and ethnic background of the pupil. If it clearly is not feasible to do so, an interpreter must be used, and the assessment report shall document this condition and note that the validity of the assessment may have been affected.
(b) The normal process of second-language acquisition, as well as manifestations of dialect and sociolinguistic variance shall not be diagnosed as a disabling condition.
1. Amendment of subsection (a) filed 3-21-88; operative 4-20-88 (Register 88, No. 15).
2. Change without regulatory effect amending section and NOTE filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
3. Amendment of section heading, subsection (a) and NOTE filed 5-5-2014; operative 7-1-2014 (Register 2014, No. 19).
Note: Authority cited: Section 56100, Education Code. Reference: Sections 56001, 56320, 56324, 56327 and 56381, Education Code; and 34 C.F.R. Sections 300.304, 300.305 and 300.310.
