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Regional Center Eligibility

The Regional Center will conduct its own appropriate assessment(s) to determine if your child meets the regional center eligibility criteria for age 3 and older. Your child will be assessed by the regional center at least 90 days prior to the date they turn 3 years of age for purpose of determining their ongoing eligibility. While services for Early Intervention ends at the age of 3, your family will be notified as to whether your child will be exiting from the Regional Center or whether your child meets the eligibility criteria for services with the Regional Center after the age of 3.

 

In order to be eligible for regional center services under Lanterman Act eligibility, a child over the age of 3 years must have a developmental disability or other conditions closely related to intellectual disability or require services similar to those required by an individual with intellectual disability; and the condition must have started before the age of 18, must be likely to continue indefinitely and must constitute a substantial handicap for the individual. A developmental disability does not include conditions that are only physical, learning or psychiatric.

 

In order to be eligible for services under provisional eligibility, a child who is 3 or 4 years of age who does not have a developmental disability, but has significant functional limitations in at least two of the specified categories of major life activity, as determined by a regional center, could be provisionally eligible for regional center services.

 

If your child is eligible for regional center services after the age of 3, your child will likely transition to one of our Early Childhood units where a new service coordinator will be assigned and an Individual Program Plan (IPP) will be developed. Remember, you are moving from a family-focused program to an educational, child-focused program. Services may look different as school programs focus on the whole child and provide services and supports that promote social as well as educational development.

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Lanterman’s Early Childhood teams support children from 3 to 6 years of age and their families, including children that transition from Early Start and those who were determined provisionally eligible after age 3.

The transition from Early Intervention and home-based services to receiving services through the school district can be tricky for families, so the lower caseload ratios in the Early Childhood units ensures the Regional Center can provide additional assistance, support and attention as families work through the transition meeting, the first IEP, receiving special education services through the school district, and in general just figuring all of that out. And when necessary, liaison with Lanterman’s Special Education Law Clinic to navigate issues that may arise with special education services.

Another critical role service coordinators have is assisting families with seeking out and utilizing generic resources – IHSS, SSI, and more – services that families qualify for but may not be aware of. Service coordinators also ensure families are supported outside of the school environment with respite and other in-home supports, and with social skills and adaptive skills training for children, navigating behavior services, and also with integrated social recreation activities.

If the Regional Center determines that your child is no longer eligible, and you feel that your child would meet one of the more stringent criteria for regional center services after the age of 3, you have the right to appeal the decision.

It should be noted that whether your child is or is not eligible for regional center services after the age of 3, the school district is the agency which will be providing the educational services for your child.

Preschool is free if your child requires special education. Attending preschool also helps children and families get a head start on making the adjustment from receiving services at home to receiving services through the school. Children and families that attend preschool have a much easier time when kindergarten starts. And in many cases, attending preschool ensures that children have the “head start” they need and are readily accessing the services they require to move forward and grow. Your child can benefit from the routine of school, the social environment and the related services.

An assessment plan must:

  1. Be provided in your primary language
  2. Explain the types of assessments to be conducted
  3. State who will conduct the assessment

Assessments should include:

  1. Observation in the classroom or at home
  2. Parent and/or teacher questionnaires
  3. Review of existing records

If you don’t know why they have requested a certain assessment, or believe they should include another, make sure to express your concerns and get answers.

An assessment plan should include multiple tests conducted by qualified professionals, as well as interviews and observations. No one test should be the determining factor for decisions about your child.

The IEP document includes the following components:

  1. An eligibility statement
  2. The child’s present level of performance
  3. Goals and objectives for the coming year
  4. Designated Instruction and Services when appropriate (the services and supports your child will receive)
  5. Appropriate program placement agreed upon by the IEP team

Parents are also an expert on their child, and a very important member of the IEP team! No one has known your child longer than you. You know what makes your child happy or upset, what foods your child likes, and how to calm your child down. This is all valuable information that only you can contribute! If something another member of the team says seems to contradict what you know about your child – question it and work together to develop a more complete picture of your child. You are in the best position to discuss their child’s strengths and areas of needed development. For this reason, your participation in the assessment and IEP process is extremely important. You are an important member of the IEP team – and it’s alright to disagree with findings or recommendations made by other members of the team.

The District is required by law to provide you with a dedicated, qualified translator for each IEP meeting, and to give all documents to you in your primary language. Be sure to request a translator as well in advance of the meeting as possible. A school secretary paraphrasing the conversation is not sufficient!

However, getting documents in your language can take a while, so it can be better to speak to a family member or friend who can translate and explain it to you.

  1. All special education services must be provided free of charge to your child.
  2. If your child requires a specially designed education to ensure he or she will benefit from his or her education, it is the school district’s responsibility to provide an appropriate education, free of charge.
  3. Cost cannot be the determining factor for granting or denying services. If Johnny needs the service to have an appropriate education in the least restrictive setting, then the school district needs to provide it.
  4. An appropriate education is one sufficient to allow a child to obtain an “educational benefit”
  5. Educational benefit is measured by progress on the central goals of the IEP
  6. Regression or only a small advancement may indicate inappropriate placement or services
  7. Districts do not need to provide the best possible education
  8. If a child cannot be educated in a public school, the IEP team may choose to pay for placement in a private school while continuing to supervise the child’s IEP and progress
  1. Must be in the Least Restrictive Environment appropriate for your child
  2. Children gain valuable social and life skills through interacting with other children
  3. If no pubic preschool is available that meets your child’s needs, the District may pay for a private preschool
  4. You will need to show all options offered by the District are inappropriate and why the private preschool is necessary. Very difficult to show!
  5. Please see the included handout for more information on specific classroom settings
  6. General Education Preschool, Head Start or Community Child Care Center
  7. Segregated Preschool on a General Education Campus
  8. Segregated Preschool on a Segregated campus
  9. Home / Hospital

An IEP must be individualized, that means each decision about placement or services must be based on the individual needs of your child. So while some children do well in general education with varying levels of support, others may need the more structed environment of a special day class or even a nonpublic specialized campus.

  1. Any related service that your child requires to “benefit from his education”
  2. May be provided individually, in a group, or part of an integrated special program, depending on your child’s needs
  3. Can also include communication with parents, assistance coordinating services, and special equipment
  • Transportation
  • Occupational Therapy
  • Physical Therapy
  • Adaptive Physical Education
  • Speech Therapy
  • Orientation and Mobility
  • Counseling
  • Health Services
  • Play Therapy
  • Parent Training
  1. Don’t panic and don’t give up! You have many options!
  2. Request from the district, in writing, funding to have an Independent Evaluation done for your child. This new assessment may provide the support you need to convince the district of your child’s eligibility.
  3. If the district has violated a law, you can file a complaint with the California Department of Education.
  4. If the district has discriminated against your child, you can file a complaint with the Office of Civil Rights.
  5. If you and the district disagree about what placement or services need to be provided, you can file for Mediation only or Due Process.

Your child’s IEP team must meet at least once a year to review services and placement, and conduct a re-evaluation every three years. However, you can request an IEP meeting or assessment whenever you think it’s necessary

Once your child turns 5, he will be eligible for kindergarten. Please note, any changes in your child’s placement or services must be first approved by you!

Your child can continue in special education until the age of 22 and he or she graduate from high school or the IEP team determines that based on recent assessments, services are no longer necessary.

The Law Clinic provides advocacy assistance with school-related issues for Lanterman families with school-age children. You can request a referral to the Lanterman Special Education Law Clinic from your service coordinator.

Sixty years of Lanterman!

 

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