California Code of Regulations
Title 5 - Education
Division 1 - California Department of Education
Chapter 3 - Individuals with Exceptional Needs
Subchapter 1 - Special Education
Article 3.1 - Individuals with Exceptional Needs
Section 3031 - Additional Eligibility Criteria for Individuals with Exceptional Needs-Age Birth to Younger than Three Years
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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:
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) 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.
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.
