Who is eligible for special education under federal and state law?
Together, the federal and state regulations establish eligibility criteria for all students seeking special education services. In order to qualify as an individual with exceptional needs under the eligibility criteria, the assessment must demonstrate that the student’s impairment adversely affects his educational performance and requires special education. The qualifying areas of impairment set out in state eligibility regulations are:
(1) Hearing impaired;
(2) Both hearing and visually impaired;
(3) Speech or language impaired;
(4) Visually impaired;
(5) Severely orthopedically impaired;
(6) Impaired in strength, vitality, or alertness due to chronic or acute health problems (other health impaired);
(7) Exhibiting autistic-like behaviors;
(8) Mentally retarded;
(9) Seriously emotionally disturbed;
(10) Learning disabled;
(11) Multiple disabilities; and
(12) Traumatic brain injury.
In terms of minimum age, a child may be eligible for special education services, in the form of early intervention services, from birth.
In terms of maximum age (and assuming the student has not yet graduated from high school with a regular diploma), a student continues to be eligible for special education through his 18th year [Cal. Ed. Code Sec. 56026(c)(3)]. A student between the ages of 19 and 21 may continue in special education as long as the following conditions exist:
(13) He must have been in special education at the time he turned 19;
(14) He has not met his “proficiency standards”
(15) He has not completed his “prescribed course of study” or
(16) He has not graduated from high school with a regular high school diploma.
“Prescribed course of study” means the school district’s required subjects and credits in English, math, reading, etc., as set by the local board of education for granting a diploma or certificate. [Cal. Ed. Code Sec. 51000 and following.] “Proficiency standards” are standards of student competence in basic skills, such as reading, writing, and mathematics. Proficiency standards will be demonstrated by passing the high school exit exam, if and when it goes into effect. Until the initiation of the high school exit exam, it is unclear what test or other means will be used to demonstrate minimum proficiency standards for awarding a regular high school diploma.
How long a student may continue in special education after his 22nd birthday depends, for the most part, on the month in which he turns 22. If the student was born between January 1 and June 30, he may only remain in the program for the rest of the fiscal year ending June 30, plus any extended school year program. If he was born in July, August or September and is on a traditional school-year calendar, he is treated similarly and may continue in the program through the end of the previous fiscal year that ended June 30. However, if the student was born in July, August or September and is on a year-round school calendar, he can finish the current term, even if the term extends into the next fiscal year. A student who was born in October, November or December may continue in special education only until December 31 of the year he turns 22, unless he would otherwise complete his IEP at the end of that current fiscal year. [Cal. Ed. Code Sec. 56026(c)(4)(A) – (C).]
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