Current through Register 2024 Notice Reg. No. 12, March 22, 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.
