2005 California Government Code Sections 95014 CHAPTER 4. ELIGIBILITY

95014.  (a) The term "eligible infant or toddler" for the purposes
of this title means infants and toddlers from birth through two years
of age, for whom a need for early intervention services, as
specified in the Individuals with Disabilities Education Act (20
U.S.C. Sec. 1471 et seq.) and applicable regulations, is documented
by means of assessment and evaluation as required in Sections 95016
and 95018 and who meet one of the following criteria:
   (1) Infants and toddlers with a developmental delay in one or more
of the following five areas: cognitive development; physical and
motor development, including vision and hearing; communication
development; social or emotional development; or adaptive
development.  Developmentally delayed infants and toddlers are those
who are determined to have a significant difference between the
expected level of development for their age and their current level
of functioning.  This determination shall be made by qualified
personnel who are recognized by, or part of, a multidisciplinary
team, including the parents.
   (2) Infants and toddlers with established risk conditions, who are
infants and toddlers with conditions of known etiology or conditions
with established harmful developmental consequences.  The conditions
shall be diagnosed by a qualified personnel recognized by, or part
of, a multidisciplinary team, including the parents.  The condition
shall be certified as having a high probability of leading to
developmental delay if the delay is not evident at the time of
diagnosis.
   (3) Infants and toddlers who are at high risk of having
substantial developmental disability due to a combination of
biomedical risk factors, the presence of which is diagnosed by
qualified clinicians recognized by, or part of, a multidisciplinary
team, including the parents.
   (b) Regional centers and local education agencies shall be
responsible for ensuring that eligible infants and toddlers are
served as follows:
   (1) The State Department of Developmental Services and regional
centers shall be responsible for the provision of appropriate early
intervention services in accordance with Part H of the Individuals
with Disabilities Education Act (20 U.S.C. Sec. 1471 et seq.) for all
infants eligible under Section 95014, except for those infants with
solely a visual, hearing, or severe orthopedic impairment, or any
combination thereof, who meet the criteria in Sections 56026 and
56026.5 of the Education Code, and in subdivisions (a), (b), (d), or
(e) of Section 3030 of, and Section 3031 of, Title 5 of the
California Code of Regulations.
   (2) The State Department of Education and local education agencies
shall be responsible for the provision of appropriate early
intervention services in accordance with Part H of the Individuals
with Disabilities Education Act (20 U.S.C. Sec. 1471 et seq.) for
infants with solely a visual, hearing, or severe orthopedic
impairment, or any combination thereof who meet the criteria in
Sections 56026 and 56026.5 of the Education Code, and in subdivisions
(a), (b), (d), or (e) of Section 3030 of, and Section 3031 of, Title
5 of the California Code of Regulations, and who are not eligible
for services under the Lanterman Developmental Services Disabilities
Act (Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code).
   (c) For infants and toddlers and their families who are eligible
to receive services from both a regional center and a local education
agency, the regional center shall be the agency responsible for
providing or purchasing appropriate early intervention services that
are beyond the mandated responsibilities of local education agencies.
  The local education agency shall provide special education services
up to its funded program capacity as established annually by the
State Department of Education in consultation with the State
Department of Developmental Services and the Department of Finance.
   (d) No agency or multidisciplinary team, including any agency
listed in Section 95012, shall presume or determine eligibility,
including eligibility for medical services, for any other agency.
However, regional centers and local education agencies shall
coordinate intake, evaluation, assessment, and individualized family
service plans for infants and toddlers and their families who are
served by  an agency.
   (e) Upon termination of the program pursuant to Section 95003, the
State Department of Developmental Services shall be responsible for
the payment of services pursuant to this title.