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)) Emotional disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance: (A) An inability to learn that cannot be explained by intellectual, sensory, or health factors. (B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers. (C) Inappropriate types of behavior or feelings under normal circumstances. (D) A general pervasive mood of unhappiness or depression. (E) A tendency to develop physical symptoms or fears associated with personal or school problems. Emotional disturbance includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance under subdivision (b)(4) of this section. (Title 34 of the Code of Federal Regulations § 300.8(c)(4)(i)(A)-(E), and (ii); Title 5 of the California Code of Regulations § 3030(b)(4)(A)-(F)) Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child's educational performance but that is not included under the definition of deafness in this section. (Title 34 of the Code of Federal Regulations § 300.8(c)(5); Title 5 of the California Code of Regulations § 3030(b)(5)) Intellectual Disability means significantly sub average general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period that adversely affects a child's educational performance. (Title 34 of the Code of Federal Regulations § 300.8(c)(6); Title 5 of the California Code of Regulations § 3030(b)(6))
Chapter 3 – Eligibility Criteria, Desert/Mountain SELPA As of 9/17/2018 CAHELP Governance Council Review/Approval
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