Menu Close

(3.1) Who is eligible for special education under federal and state law?

(3.1) Who is eligible for special education under federal and state law?

Print this Page

You can find California’s special education eligibility criteria in regulations set by the State Board of Education under Title 5 of the California Code of Regulations, Section 3030. These rules first took effect on March 2, 1983, marking the first time California had a statewide policy for special education eligibility. The criteria are generally aligned with federal guidelines for defining ‘children with disabilities’ under 34 Code of Federal Regulations (C.F.R.) Section 300.8. State eligibility criteria cannot be more restrictive than federal guidelines. Together, the federal and state regulations establish eligibility criteria for all students age 3 – 22 seeking special education services. In order to qualify as an individual with exceptional needs under the eligibility criteria, the school district assessment must demonstrate that the student’s disability adversely impacts their educational performance and requires special education. The qualifying areas of disability set out in state eligibility regulations are:

  1. Autism;
  2. Emotional Disturbance;
  3. Deaf-Blindness;
  4. Deafness;
  5. Hearing Impairment;
  6. Intellectual Disability;
  7. Multiple Disabilities;
  8. Orthopedic Impairment;
  9. Other Health Impairment;
  10. Specific Learning Disability;
  11. Speech and Language Impairment;
  12. Traumatic Brain Injury; 
  13. Visual Impairment including Blindness[1]

The IEP team (made up of the parents/guardians/other education rights holders and qualified professionals) makes the actual determination of eligibility for special education and related services, based upon the assessment reports conducted by the school district. A copy of the report must be given to the parent/guardian/other education rights holder.[2] Parents/Guardians/Other Education Rights Holders are participants of the IEP team who are allowed to fully participate in making decisions about their child’s eligibility.[3]

In terms of minimum age, a child may be eligible for special education services, in the form of early intervention services, from birth. See Chapter 12, Information on Early Intervention Services. After age three and until school age, a child may be eligible for preschool special education. See Chapter 13, Information on Preschool Education Services.

In terms of maximum age (and assuming the student has not yet graduated from high school with a regular diploma), a student may continue to be eligible for special education past their 18th year[4]. A student between the ages of 19 and 21 may continue in special education when the following conditions exist:

  1. They must have been in special education at the time they turned 19;
  2. They have not met their “proficiency standards;”
  3. They have not completed their “prescribed course of study;” or
  4. They have not graduated from high school with a regular high school diploma.[5]

The “prescribed course of study” is a set of standards adopted by the local board of education for granting a diploma or certificate.[6] The course of study could include the school district’s required subjects and credits in English, math, reading, etc. “Proficiency standards” are a measure of student competence in basic skills, such as reading, writing, and mathematics. 

How long a student may continue in special education after their 22nd birthday largely depends on the month in which they turn 22. If the student was born between January 1 and June 30, they may remain in the program for the rest of the fiscal year ending June 30, plus any extended school year program. If they were born in July, August or September and are on a traditional school-year calendar, they are 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, they 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 they turn 22, unless they would otherwise complete their IEP at the end of that current fiscal year.[7]

  1. 34 C.F.R. Sec. 300.8; 5 C.C.R. Sec. 3030.[↩]
  2. 20 U.S.C. Sec. 1414(b)(4) & (5); 34 C.F.R. Secs. 300.306(a)(1) & 300.322(f).[↩]
  3. 34 C.F.R. Sec 300.306(a); Cal. Edu. Code Sec. 56329(a)(1) and 56341(b)(1).[↩]
  4. Cal. Ed. Code Sec. 56026(c)(4)[↩]
  5. 34 C.F.R. Sec. 300.102; Cal. Ed. Code Sec. 56026(c)(4) & 56026.1.[↩]
  6. Cal. Ed. Code. Sec. 51220.[↩]
  7. Cal. Ed. Code Sec. 56026(c)(4)[↩]