DMSELPA Policies and Procedures

Policy – Category 5000 (Students)

BP 5003 – Eligibility Criteria Individual with Exceptional Needs

( 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) )

• Multiple disabilities mean concomitant impairments, such as intellectual disability-blindness or intellectual disability-orthopedic impairment, the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. “Multiple disabilities” does not include deaf -blindness.

( Title 34 of the Code of Federal Regulations § 300.8(c)(7); Title 5 of the California Code of Regulations § 3030(b)(7) )

• Orthopedic impairment means a severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).

( Title 34 of the Code of Federal Regulations § 300.8(c)(8); Title 5 of the California Code of Regulations § 3030(b)(8) )

• Other health impairment means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment that:

A. Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a

heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and

B. Adversely affects a child’s educational performance.

( Title 34 of the Code of Federal Regulations § 300.8(c)(9); Title 5 of the California Code of Regulations § 3030(b)(9)(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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