Legal Rights of Persons With Disabilities - Ossh.com

II.
PRESCHOOL EDUCATION
A. Children Younger Than Five May Be Eligible
For Special Education Benefits
Children who are younger than five years old and who, because of their disability, require special
education may be eligible for education services. To be eligible for early education services, children must
generally satisfy the same requirements as those used for older children. Physical, mental and emotional
disabilities will entitle children to available services. Services may include assistance for parents in
coordinating other services provided by agencies in the area, access to developmentally appropriate
equipment and specialized materials, activities to aid in the child's development, and other general services.
(Ed. Code, '' 56441.3 and 56441.11.)
California also provides for services for children two years and younger under the California Early
Intervention Services Act. (Gov. Code, ' 95000 et seq.) The purpose of this Act is to enhance
development and minimize the potential for developmental delays by providing early intervention services
for infants and toddlers who have disabilities or who are at risk of becoming disabled.
Eligibility for services is reserved for infants and toddlers with specific developmental delays, or
conditions with harmful developmental consequences, or for children who are at high risk of acquiring a
developmental disability. Specifically, infants or toddlers who have developmental delays in one of the
following areas are eligible:
(1) cognitive development;
(2) physical and motor development (including vision and hearing);
(3) communication development;
(4) social or emotional development; and
(5) adaptive development.
Infants or toddlers are also eligible where they have conditions of known etiology or conditions
which have established harmful developmental consequences, or where they are at high risk of having a
substantial developmental disability due to a combination of biomedical risk factors. (Gov. Code,
' 95014.)
For information on the services available, contact your local regional center. If your child has
visual, hearing or orthopedic impairments, contact your local educational agency.
B. Eligible Preschool Children Have the Same Rights as School Age Children
Whenever a preschool age child is eligible for special education, both the child and the parents are
entitled to all of the rights of school-age children with disabilities and their parents (discussed above).
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