Section 7026.5 - Student with a Disability; Students with Disabilities(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.Cal. Code Regs. Tit. 9, § 7026.5
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.