1. (a) LEAs shall provide, arrange, or purchase early intervention services, as required by the infant's or toddler's IFSP, and be payor of last resort for infants and toddlers with solely low incidence disabilities determined eligible for early intervention services under the category of established risk as specified in Section 52022(b)(2) of these regulations and who are not eligible for regional center services.

2. (b) LEAs, pursuant to Education Code Section 56425, shall provide services for infants and toddlers who are also eligible for regional center services when the infant or toddler is identified as an individual with exceptional needs pursuant to Education Code Section 56026 and Title 5 California Code of Regulations Section 3030 and who requires intensive special education services and:

   1. (1) The infant or toddler is functioning at or below 50% of his or her chronological age level in any one of the following skill areas:

      1. (A) Gross or fine motor development;
      2. (B) Receptive or expressive language development;
      3. (C) Social or emotional development;
      4. (D) Cognitive development;
      5. (E) Visual development; or,
   2. (2) The infant or toddler is functioning between 51% and 75% of his or her age level in any two of the skill areas identified in (b)(1)(A) through (b)(1)(E) of this section; or,
   3. (3) Has a condition of known etiology which has a high probability of resulting in developmental delay as specified in section 52022(b)(1); and,
   4. (4) The LEA is operating below the funded capacity as required by Government Code section 95014(c).

Note: Authority cited: Sections 95009 and 95028, Government Code. Reference: Section 1440, Title 20 United States Code; Sections 303.520 and 303.527, Title 34 Code of Federal Regulations; and Sections 95014(b) and (c), Government Code.

History

1. New section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.

2. New section, including amendment of Note, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 6-1-98 order, including amendment of section and Note, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31).