Policy – Category 5000 (Students) BP 5003 – Eligibility Criteria
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State Eligibility Criteria Title 5 of the California Code of Regulations § 3030. A child shall qualify as an individual with exceptional needs, pursuant to Education Code section 56026, if the results of the assessment as required by Education Code section 56320 demonstrate that the degree of the child’s impairment as described in subdivision (b)(1) through (b)(13) requires special education in one or more of the program options authorized by Education Code section 56361. The decision as to whether or not the assessment results demonstrate that the degree of the child’s impairment requires special education shall be made by the IEP team, including assessment personnel in accordance with Education Code section 56341(b). The IEP team shall take into account all relevant material which is available on the child. No single score or product of scores shall be used as the sole criterion for the decision of the IEP team as to the child’s eligibility for special education. California Education Code § 56031. (a) “Special education,” in accordance with Section 1401(2) 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,
BP 5003 – Eligibility Criteria
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 09/17)
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