Education Code section 56364.3
(a)
On or before July 1, 2027, the Superintendent shall recommend a maximum adult-to-pupil staffing ratio for special classes authorized pursuant to Section 56364.2 for pupils 3 to 22 years of age, inclusive, and post the recommendation on the department’s internet website.(b)
In making the recommendation required pursuant to subdivision (a), the Superintendent shall do all of the following:(1)
(A)Consult with all of the following individuals:(i)
Current credentialed education specialists teaching in a special class setting. A majority of the individuals consulted pursuant to this paragraph shall meet this requirement.(ii)
Administrators and chief business officials serving at schoolsites, school districts, county offices of education, and special education local plan areas.(iv)
Parents of pupils with exceptional needs who are served in special class settings.(B)
The individuals consulted pursuant to subparagraph (A) shall represent the state’s geographic diversity, including, but not limited to, rural, urban, and high-need regions.(2)
Consult with researchers and representatives with expertise in inclusive practices and advocates focused on equity and disability rights.(3)
Consider all of the following:(A)
The varying needs of pupils, including pupils with mild to moderate support needs and pupils with extensive support needs.(B)
The varying needs of pupils by age.(C)
The types of school settings, including preschools, elementary schools, secondary schools, and nonpublic schools.(D)
Existing practices among local educational agencies.(E)
Other states’ adult-to-pupil ratios for special classes.(F)
Other constraints, including, but not limited to, workforce and facility needs, and conditions in small and rural local educational agencies.(G)
The effects on the education of pupils with disabilities in the least restrictive environment, as required by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).(H)
Determining appropriate staffing ratios to enhance pupil outcomes in accordance with the principles of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and state law.(I)
The supports needed for general education and special education educators to succeed in implementing inclusive models.(c)
Notwithstanding Section 10231.5 of the Government Code, the Superintendent shall report their recommendations to the appropriate policy and fiscal committees of the Legislature and the state board on or before April 1, 2027, consistent with the requirements of Section 9795 of the Government Code.
Source:
Section 56364.3, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=56364.3. (updated Jan. 1, 2026; accessed Dec. 8, 2025).
