Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The term
"student with a disability" means an individual who:
(1) is not younger than 16, and
(2) is not older than 21 years of age; unless the
student is participating in a special education program under the California
Education Code section
56026, then to
ensure there is no gap in pre-employment transition services, the Department will
extend such services to any student who turns 22 prior to the end of their special
education program as follows:
(A) Any student who
becomes 22 years of age during the months of January to June, inclusive, while
participating in a special education program may continue their participation in the
program for the remainder of the current fiscal year, including any extended school
year program (e.g., summer school).
(B)
Any student otherwise eligible to participate in a special education program shall
not be allowed to begin a new fiscal year in a program if they become 22 years of
age in July, August, or September of that new fiscal year. However, if a student is
in a year-round school program and is completing their individualized education
program in a term that extends into the new fiscal year, then the student may
complete that term.
(C) Any student who
becomes 22 years of age during the months of October, November, or December while
participating in a special education program shall be terminated from the program on
December 31 of the current fiscal year, unless the student would otherwise complete
their individualized education program at the end of the current fiscal
year.
(3) is enrolled in a
secondary or postsecondary education program which includes non-traditional or
alternative secondary education programs, such as home schooling, continuation
schooling, education programs offered through the juvenile justice system, and other
recognized educational programs.
(4) is
one or more of the following:
(A) eligible for and
receiving special education or related services under Part B of the Individuals with
Disabilities Education Act (20
U.S.C. section 1414.)
(B) an individual with a disability, as defined in
section 7017 of these
regulations.
(b)
"Students with disabilities" means more than one student with a
disability.
1. New section
filed 2-17-2023; operative 2-17-2023 pursuant to Government Code section
11343.4(b)(3)
(Register 2023, No. 7). For prior history, see Register 2004, No. 10.
Note: Authority cited: Sections
19006
and
19016,
Welfare and Institutions Code. Reference:
20 U.S.C. Sections
1412;
29 U.S.C. Sections
705 and
733;
34 C.F.R. Section
361.5; Section
19011, Welfare and Institutions Code;
and Section
56026, Education
Code.
