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Eligibility Criteria
(a) A child shall qualify as an individual with exceptional needs, pursuant to Education Code section 56026, if the results of the assessment as required by Education Code section 56320 demonstrate that the degree of the child's impairment as described in subdivisions (b)(1) through (b)(13) requires special education in one or more of the program options authorized by Education Code section 56361. The decision as to whether or not the assessment results demonstrate that the degree of the child's impairment requires special education shall be made by the IEP team, including personnel in accordance with Education Code section 56341(b). The IEP team shall take into account all the relevant material which is available on the child. No single score or product of scores shall be used as the sole criterion for the decision of the IEP team as to the child's eligibility for special education.

A child with a disability under IDEA is defined as a child who has been evaluated in accordance with §§ 300.304 through 300.311 and is identified as having one or more of the following, and who, by reason thereof, needs special education and related services.

  1. Autism

  2. Deaf-blindness

  3. Deafness

  4. Emotional Disturbance (ED)

  5. Hearing Impairment

  6. Intellectual Disability (ID)

  7. Multiple Disabilities

  8. Orthopedic Impairment 

  9. Other Health Impairment (OHI)

  10. Specific Learning Disability (SLD)

  11. Speech or Language Impairment (SLI)

  12. Traumatic Brain Injury

  13. Visual Impairment including blindness

Special Education Services Defined CFR § 300.39,  specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability

  1. Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction -

                (i) To address the unique needs of the child that result from the child's disability; and

                (ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the                           jurisdiction of the public agency that apply to all children.

​  2. At no cost means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are                normally charged to nondisabled students or their parents as a part of the regular education program.

 3. To meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and              institutions, and in other settings; and instruction in physical education.

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