Policy – Category 5000 (Students)
BP 5003 – Eligibility Criteria Individual with Exceptional Needs
The process of dismissal may be initiated by the teacher, specialist, or parent. The individuals included in the IEP team would be the general education teacher, the special education teacher, administrator or designee, parent, and the child when appropriate. Others, such as related services providers will attend when applicable.
Exit from special education occurs when:
• The child graduates from high school or completes the calendar year when he/she reaches the age of 22, between the first day of school and December 31, or completes the school year when he/she reaches the age of 22, between January 1 and June 30 ( Education Code § 56026 ).
• The child no longer meets the eligibility criterion as determined by the IEP team based upon the results of an assessment.
• The parents and/or the child, if 18 years or older, refuse continued special education services. However, if the IEP team determines that an eligible child continues to need special education services in order to receive FAPE, the LEA may pursue continued placement in special education through the procedures described in Title 20 of the United States Code § 1415 and in accordance with paragraph (3) of subdivision (a) of Education Code § 56501, and subdivision (e) of Education Code § 56506 .
5.0
Appendices
A. DMSELPA Form DM 154 Specific Learning Disability (SLD)
6.0
Legal References
•
California Education Code o
§ 56026, § 56031, § 56333, § 56337(b) and (c), § 56363, § 56501(3)(a), § 56506(e)
• Title 34 of the Code of Federal Regulations (CFR) o
§ 300, § 300.8, § 300.8(c), § 300.39, § 300.43(b), §§ 300.304 and 300.305, § 300.307
• Title 20 of the United States Code (USC) o § 1414(c)(5)
• Title 5 of the California Code of Regulations (CCR) o § 3030, § 3030(b)(1)-(13)
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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