Eligibility Criteria Summary
Specific descriptions of each eligibility criterion can be found in Section 3030 of the California Education Code. Before any action is taken with respect to a student’s placement in Special Education, an assessment must be completed.
When an Assessment Is Required
An assessment is required in the following instances:
- Prior to initial placement in a Special Education program.
- Whenever any significant change in the student’s Special Education placement occurs, including the addition of new services and discontinuation of existing services.
- If the team of qualified assessors, which includes the parent or parents, determines that additional data are needed in reviewing whether the student continues to need Special Education and related services.
- Every three years, or more frequently if conditions warrant, or if the student’s parent or teacher requests a new assessment when a new Individualized Education Program, or IEP, is to be developed.
Autism
Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects educational performance. Characteristics often associated with autism include engaging in repetitive activities and stereotyped movements, resistance to changes in daily routines or the environment, and unusual responses to sensory experiences.
The term autism does not apply if the child’s educational performance is adversely affected primarily because the child has emotional disturbance as defined below. A child who shows the characteristics of autism after age three could be diagnosed as having autism if the criteria above are satisfied.
Deaf-Blindness
Deaf-blindness means simultaneous hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in Special Education programs solely for children with deafness or children with blindness.
Deafness, Deaf or Hard of Hearing
Deafness, Deaf or Hard of Hearing, means a hearing impairment so severe that a child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child’s educational performance.
Emotional Disturbance
Emotional Disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s performance:
- An inability to learn that cannot be explained by intellectual, sensory, or health factors.
- An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
- Inappropriate types of behavior or feelings under normal circumstances.
- A general pervasive mood of unhappiness or depression.
- A tendency to develop physical symptoms or fears associated with personal or school problems.
The term includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance.
Hearing Impairment
Hearing Impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance but is not included under the definition of deafness.
Intellectual Disability
Intellectual Disability means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child’s educational performance.
Multiple Disabilities
Multiple Disabilities means concomitant, or simultaneous, impairments, such as mental retardation-blindness or mental retardation-orthopedic impairment, the combination of which causes such severe educational needs that they cannot be accommodated in a Special Education program solely for one of the impairments. The term does not include deaf-blindness.
Orthopedic Impairment
Orthopedic Impairment means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes impairments caused by congenital anomaly, impairments caused by disease, and impairments from other causes, such as cerebral palsy, amputations, and fractures or burns that cause contractures.
Other Health Impairment
Other Health Impairment means having limited strength, vitality, or alertness, including heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that:
- Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome.
- Adversely affects a child’s educational performance.
Specific Learning Disability
Specific Learning Disability means a disorder in one or more of the basic psychological processes involved in understanding or using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations.
The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; intellectual disability; emotional disturbance; or environmental, cultural, or economic disadvantage.
Speech or Language Impairment
Speech or Language Impairment means a communication disorder such as stuttering, impaired articulation, a language impairment, or a voice impairment that adversely affects a child’s educational performance.
Traumatic Brain Injury
Traumatic Brain Injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance.
The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem-solving, sensory, perceptual, and motor abilities, psychosocial behavior, physical functions, and degenerative or brain injuries induced by birth trauma.
Visual Impairment, Including Blindness
Visual Impairment, including blindness, means an impairment in vision that, even with correction, adversely affects a child’s educational performance. The term includes both partial sight and blindness.
Primary source: National Dissemination Center for Children with Disabilities.