The conditions under which a child is dismissed from special education are based upon the concept of LRE. A child with a disability is to be educated to the maximum extent possible with nondisabled children. Therefore, a special program or related services are needed only until the child is able to function independently in a general education class. The criteria for dismissal is agreement by the members of the IEP team that the child no longer meets the eligibility criteria based on the results of an evaluation and performance in the general education setting. 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 • 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. Legal References California Education Code Sections • 56026; 56031(a); 56320; 56337(b)-(c); 56341(b); 56361; 56501; 56506 Title 5 California Code of Regulations (CCR) • 3030 Title 34 Code of Federal Regulations (CFR) • 300.7; 300.8; 300.307 Title 20 United States Code • 1414(c)(5); 1415 providers will attend when applicable. Exit from special education occurs when:
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Chapter 3 – Eligibility Criteria, Desert/Mountain SELPA As of 9/17/2018 CAHELP Governance Council Review/Approval
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