(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.
Notes
Cal. Code
Regs. Tit. 5, §
3031
1.
Amendment of subsection (a)(2) filed 3-21-88; operative 4--20-88 (Register 88,
No. 15).
2. Amendment of section heading, section and NOTE filed
5-5-2014; operative 7-1-2014 (Register 2014, No.
19).
Note: Authority cited: Section 56100, Education Code.
Reference: Sections 56001 and 56026, Education Code; Section 95014, Government
Code; 20 U.S.C. Section
1401(3)(B),
20 U.S.C. Section
1432(5); and
34 C.F.R. Sections
303.21,
300.25.
1. Amendment of
subsection (a)(2) filed 3-21-88; operative 4-20-88 (Register 88, No.
15).
2. Amendment of section heading, section and Note filed
5-5-2014; operative 7/1/2014
(Register
2014, No. 19).
