Policy – Category 5000 (Students)
BP 5003 – Eligibility Criteria Individual with Exceptional Needs
sample must be recorded or transcribed and analyzed, and the results included in the assessment report. If the pupil is unable to produce this sample, the language, speech, and hearing specialist shall document why a fifty-utterance sample was not obtainable and the contexts in which attempts were made to elicit the sample. When standardized tests are considered to be invalid for the specific pupil, the expected language performance level shall be determined by alternative means as specified in the assessment plan.
( Title 34 of the Code of Federal Regulations § 300.8(c)(11); Title 5 of the California Code of Regulations § 3030(b)(11)(A)-(D) )
• Traumatic brain injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech.
Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.
( Title 34 of the Code of Federal Regulations § 300.8(c)(12); Title 5 of the California Code of Regulations § 3030(b)(12) )
• Visual impairment including blindness means an impairment in vision that, even with correction, adversely affects a child's educational performance. The term includes both partial sight and blindness.
( Title 34 of the Code of Federal Regulations § 300.8(c)(13); Title 5 of the California Code of Regulations § 3030(13) )
3.0
State Eligibility
Title 5 of the California Code of Regulations § 3030. A child shall qualify as an individual with exceptional needs, pursuant to Education Code section 56026, if the results of the assessment as required by Education Code section 56320 demonstrate that the degree of the child's impairment as described in subdivisions (b)(1) through (b)(13) requires special education in one or more of the program options authorized by Education Code section 56361. The decision as to whether or not the assessment
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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