and this chapter. Eligibility is determined by an IEP team based upon the results of a multidisciplinary assessment in every area of suspected disability. This entitlement remains in effect until the child reaches the maximum age for services, age 22, or when he/she graduates from high school with a regular high school diploma. This chapter describes each of the 13 disabling conditions as identified in Title 34 of the Code of Federal Regulations § 300, and the criteria for meeting eligibility for special education services. Section A – Definitions Title 34 of the Code of Federal Regulations § 300.8(c) . The thirteen disabling conditions identified are: (1) autism, (2) deaf-blindness, (3) deafness, (4) emotional disturbance, (5) hearing impairment, (6) mental retardation (now known as intellectual disability), (7) multiple disabilities, (8) orthopedic impairment, (9) other health impairment, (10) specific learning disability, (11) speech or language impairment, (12) traumatic brain injury, (13) visual impairment. Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences Autism does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in paragraph (c)(4) of this section. A child who manifests the characteristics of autism after age three could be identified as having autism if the criteria in paragraph (c)(1)(i) of this section are satisfied. ( Title 34 of the Code of Federal Regulations § 300.8(c)(1)(i)-(iii); Title 5 of the California Code of Regulations § 3030(b)(1)(A)-(B) ) Deaf-blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness. ( Title 34 of the Code of Federal Regulations § 300.8(c)(2); Title 5 of the California Code of Regulations § 3030(b)(2) ) Deafness means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child’s educational performance. ( Title 34 of the Code of Federal Regulations § 300.8(c)(3); Title 5 of the California Code of Regulations § 3030(b)(3) )
Chapter 20 – Eligibility Criteria, Charter SELPA
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As of 09/08/2017
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