Legal Resources | Title 5 | T5 3031
Additional Eligibility Criteria for Individuals with Exceptional Needs - Age Birth to Younger Than Three Years
(a) A child, age birth to younger than three years, shall qualify as an individual with exceptional needs pursuant to Education Code section 56026(c)(1) and Government Code section 95014 if the Individualized Family Service Plan (IFSP) team determines that the child meets the following criteria:
(1) Is identified as an individual with exceptional needs pursuant to section 3030, and
(2) Is identified as requiring intensive special education and services by meeting one of the following criteria:
(A) The child has a developmental delay as determined by a significant difference between the expected level of development for their age and their current level of functioning in one or more of the following five developmental areas:
1. cognitive development;
2. physical and motor development, including vision and hearing;
3. communication development;
4. social or emotional development; or
5. adaptive development.
A significant difference is defined as a 33 percent delay in one developmental area before 24 months of age, or, at 24 months of age or older, either a delay of 50 percent in one developmental area or a 33 percent delay in two or more developmental areas.
(B) The child has a disabling medical condition or congenital syndrome which the IFSP team determines has a high predictability of requiring intensive special education and services.
(b) Programs for individuals with exceptional needs younger than three years of age are permissive in accordance with Education Code sections 56001(c) and (d) except for those programs mandated pursuant to Education Code section 56425.
Education Code 56100
Education Code 56001
Education Code 56026
Government Code 95014
20 U.S.C. 1401(3)(B)
20 U.S.C. 1432(5)
34 C.F.R. 303.21
34 C.F.R. 300.25
(Amended by Register 2014, No. 19.)