Policy – Category 5000 (Students) BP 5003 – Eligibility Criteria
eligibility for a free appropriate public education. For a child whose eligibility terminates due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE, the local educational agency shall provide the child with a summary of the child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals. The conditions under which a child is dismissed from special education are based upon the concept of LRE. A child with a disability is to be educated to the maximum extent possible with nondisabled children. Therefore, a special program or related services are needed only until the child is able to function independently in a general education class. The criterion for dismissal is agreement by the members of the IEP team that the child no longer meets the eligibility criteria based on the results of an evaluation and performance in the general education setting. The process of dismissal may be initiated by the teacher, specialist, or parent. The individuals included in the IEP team would be the general education teacher, the special education teacher, administrator or designee, parent, and the child when appropriate. Others, such as related services provider will attend when applicable. Exit from special education occurs when: • The child graduates from high school or completes the calendar year when he/she reaches the age of 22, between the first day of school and December 31, or completes the school year when he/she reaches the age of 22, between January 1 and June 30 ( Education Code § 56026 ). • The child no longer meets the eligibility criteria as determined by the IEP team based upon the results of an assessment. The parents and/or the child, if 18 years or older, refuse continued special education services. However, if the IEP team determines that an eligible child continues to need special education services in order to receive FAPE, the LEA may pursue continued placement in special education through the procedures described in Title 20 of the United States Code § 1415 and in accordance with paragraph (3) of subdivision (a) of Education Code § 56501, and subdivision (3) of Education Code § 56506 . 6.0 Appendices A. DMCS Form DM 154 – Specific Learning Disability (SLD)
BP 5003 – Eligibility Criteria
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 09/17)
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