Policy – Category 5000 (Students)
BP 5003 – Eligibility Criteria Individual with Exceptional Needs
decision regarding the child’s eligibility for special education. Once the IEP team has determined that both of these areas are satisfied, a child may be identified as a child with a disability. Processes and procedures for assessment are outlined in Chapter 2. A child remains eligible for special education and related services for as long as the child qualifies under the eligibility criteria established under Title 5 of the California Code of Regulations § 3030 , 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.
2.0
Federal Disability 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 Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, and adversely affecting 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 subdivision (b)(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 subdivision (b)(1) 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) )
BP 5003 – Eligibility Criteria Individual with Exceptional Needs
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 09/18)
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